Tumulus Decimarum: OR, THE HISTORY OF tithes; From their Nativity, to this present Day of their expected ruin and downfall, 1659.  
Qui stultescit, Stultescat adhuc.  
By H. P.  
LONDON: Printed for Giles Calvert, at the Black-Spread Eagle, near the West-end of Paul's, 1659.   

Tumulus Decimarum.  
IN the Division of the Land of Canaan, the Levites had no part or portion of the Land set out or allotted for their Tribe; but instead thereof God gave them a Tenth of all Israel for an Inheritance.  
The Levites were divided into 4 sorts or kinds; Aaronites, in which Line the High-Priests Office only continued. Koathites, These were appointed over the Tabernacle, to attend it, and the Utensils thereof; and these men only received tithes from the People. Gershonites, Mararites,  
None of the Tribe of Levi exercised the Priesthood, but only those that were lineally descended from Aaron. And as the priest's Office was distinct from that of the Levite, so was their maintenance also distinct; for the highpriest had a Tenth of the Tenth delivered to him by the rest of the Levites, bes●●es his Official Fees of every Sacrifice: as Deut. 18. 34▪ Numb. 18. 11.  
He had also the first Fruits (but in what quantity the Owner pleased to give him) Numb. 18.  
He had also the first born, or their redemptions, with a fifth part added as a surplusage, Exod. 13. v. 2. Chap. 34. v. 19, 20. Levit. 27. 26.  
Nay further, the Priests had divers other advantages for the increase of their maintenance, besides the Super-Tenths, First-Fruits, and Primogenitures, viz. all things to be restored, when there was known no right Owner, Numb. 5. 8. Also they had their share in the second sort of tithes (which were to be spent in feasting in Jerusalem, Deut. 14. 23.) And also in the third sort of tithes which were Triennial, and laid aside every three years for the Levite and the Poor, Deut. 14. 29.  
Now when this moving Church (I mean the Tabernacle) was at last fixed in the Land of Canaan, and Solomon had converted it into a glorious Temple, new Officers of the Levites were constituted; as Porters, Singers, Treasurers, with their under Officers &c.  
The Progeny of Aaron also then increasing, was divided into 24 Ranks, or Orders, and every one to serve in course, and burn Incense, by turns, 1 Chron. 23, 24, 25 Chapters.  
At last, in the fullness of time, when our second High Priest the Lord Jesus appeared, (who sprang from the Tribe of Judah, and not of Levi, and who was made a Priest, not after the Law of a Carnal Command, but after the power of an endless life; and who disannulled the Commands going before (as the Author to the Hebrews emphatically expresses it, Heb. 7.) He put a full end and period to all the Ceremonies of the Levitical Ministry, to Circumcision the Passover, all Sacrifices Ordinances; yea, and Customary Laws and maintenance too, of the old Aaronical Priesthood, (for since the Priesthood is changed, the Law must needs be changed also, Heb. 7. 12.) Neither did He or his Apostles in the least go about to maintain or establish Primitials, tithes, Super-Tenths, Primogenital Redemptions, or any other Levitical settled maintenance or Deodands whatsoever; but freely lived of the Free will Offerings and Retribution of the Saints, which had a Community of all things amongst themselves: as Acts 4. v. 32, 33, 34. Acts 11. v. 29.  
But a little while, after the Apostles themselves ordained that, every man possessing his own Estate, Weekly Offerings for the Saints should be made proportionally as God had blessed them, 1 Cor. 16. 1, 2, 3, &c.  
By these Examples, monthly Contributions came in Custom in the Primitive Churches; as may at large be seen by Tertulli Apologet. Chap. 39 Euseb. lib. 4. chap. 22.  
A while after that, by these Examples enlightening the pious Intentions of our forefathers, Lands began to be given to the Church-Treasury, to be disposed of to pious uses, as, persons necessitated, Widows, Orphans, and the like. The Priests themselves, having Food and raiment (according to the Apostle) were to be content therewith, Concil. Antioch. An. 340, Chrysostom▪ who lived 400 years after Christ, speaks not the least of tithes.  
Their first reintroduction, or resurrection, was about Anno 800. or 900. when the Popes and their Councils began to be in power, and began to transform their High Priest the Pope into the old Garb and robes of Aaron, with his Crown, mitre, Surplice, Ephod, Canonical Girdle, Scarlet Robes, Tippet, and the like, just as old Aaron was apparelled; to whom, as to Aaron also, they cried up first-fruits, tithes, and such like Jewish Contributions, to be due even Jure Divino; Nay, and that his Holiness might want nothing of Aaron's Formalities, their Cathedrals, with Altars, Candlesticks, Lavers▪ Fonts, Organs, Choristers, Porters, Treasurers, and such like Nenethims of our Days, with all the Judaical Ceremonies and Bravery, were erected: so that they seemed not long ago to act the Jew, better than the Jews themselves do in their own Synagogues.  
The Pope having got this Spiritual Revenue annexed to his Church and Popedom, as an Eternal Property; He began now to make proportional Subdivisions in Parishes, and restrain the payment of tithes to such and such Parochial Churches, not only to limit the Charity which before lay in common, but he begun then also to introduce his Appropriations, and to entail certain Church▪ Livings to one certain Succession of spiritual Men; and so to uphold his Monasteries, Priories, abbeys, Nunneries, and the like. He drew off the tithes of many large and fruitful Parishes, and appropriated them to such and such p●r●icular Monasteries; exempting also such Lands, as the Monks held in any place, from being Tytheable to the Incumbents of the said Parish. Thus the Templars and Cistertian Order and others came to be tithe free: for He who usurped their first Impasition, might well stretch his power to their Exemption. Nay, see how his pretended Holiness stretches his Usurpation! for having gotten the praedial tithes, that is the Farm-Tythes, or increase of the Earth and First-Fruits into his Clutches: He could not be content with that, but He must plead for Personal tithes also to be Jure Divino; and challenge a tithe from all men's Callings whatsoever, (whether Mechanical or Theoretical;) as may be seen in the Decretals of Pope Gregory the 9th. 123.  
But then though it was generally believed, that the tithe ought to be paid, and that the misguided zeal of our Forefathers had wrought them into that Creed; yet were they not yet restrained solely to Ecclesiastical uses, but to the relief of widows, Orphans, and the Poor, (as in our English Statutes also at large doth appear): Nor was any man's charity limited to this or that place, but he might give his Tenths or Lands whither he pleased; and that made many of our abbeys in England enriched with far-off Gratuities and Donations (as may amply be seen in the late Monasticon Anglicanum.)  
Lastly, Harry the 8th perceiving the Pope's Usurpation, and knowing himself to have as much (if not more) right over the church's Revenue, than his pretended Holiness had, He wisely demolishes the Abbeys, and impropriated the Pope's Appropriations, or ra her reimbursed the Tenth to the Lay-Nine parts again, from which they were at first extra●●ed; and so the Tenths became Lay▪ possessions in England again, as well as Charles Martel had made them in France.  
Thus we have impartially drawn down the Genealogy of tithes from the Jewish to the Roman highpriest; and from Him, and His Constitutions Ecclesiastical, to these our present Days.  
Now to make some coherent Deductions from all the premises; I shall draw this Conclusion.  
That since the Primitive Institution of tithes was only Judaical, and peculiarly designed for that Nation, upon a Temporary Precept; since they were paid at the first to the Levites (who were not to touch the priest's Office lest they died) and not to the Sons of Aaron; since amongst the Jews themselves, there was no Civil Law, nor coercive power for the recovery of them; since they were not appropriated to the Levites only, but extended to the relief of the poor and distressed Widows and Orphans; since the Judaical Priesthood was totally changed at the coming of our High Priest, and not only their Ceremonies, but all other their Laws, Rites, and Customs extinguished and abolished thereby: Since tithing was no way mentioned, much less used in the Primitive Churches; since it was the Pope only that reintroduced them, and preached up the Judaical Ceremonies, and their Decimal Contributions again, and at last enforced them upon us (by his Ecclesiastical Courts) as a Duty; and gratified at his pleasure some of his Beloved Orders, with Exemption from the same; since all our Laws made for the payment of the same, have been made by Papistical Parliaments, or those Popishly, Prelatically, or Presbyterianly affected, or Impropriators themselves as parties: and lastly since tithes are an exaction more unjust, irrational, and unconscionable in this Commonwealth of ours, (as I shall hereafter make appear): certainly all moderate and indifferent persons, must needs be evinced that our Clergy at this day have small Interest or Title, much less any Divine Right, Claim, or property to them.  
But because we have undertaken the stating and determining of so great a controversy as this is, we shall not rashly pronounce judgement, nor give a definitive Sentence against tithes, till we have summoned in the parties concerned, that you may hear what these Spiritual Usurpers, and their Advocates, can say for themselves, to confirm or uphold this their fading Title.  
These Spiritual Defendants, & their Advocates therefore say, that tithes are payable to the Clergy by a five fold Claim and Title, viz. 1 Jure Divino, 1 Divine Right. 2 Jure Ecclesiastico, 2 Church Right. 3 Jure Donationis, 3 gift Right. 4 Jure Civili, 4 Legal Right. 5 Lege Praescriptionis, 5 By prescription.  
Those Church Advocates that undertake to defend them to be Jure Divino, produce these Scripture Evidences.  
1 That Abraham paid tithes to Melchisedeck, (which was before the Levitical Law;) and Christ was made a Priest after the Order of Melchisedeck. Ergo.  
2 Jacob vowed the payment of tithes, Gen. 28. 22. as of a Tribute due to God. Ergo.  
3. That the Tribe of Levi had them paid by God's peculiar commandment by the Law of Moses. And Malachi, chap. 3. ver. 9▪ 10. Ye are cursed with a Curse for ye have robbed me; yea, even this whole Nation saith the Lord▪ Bring ye all the tithes intothe storehouse, that there may be meat in mine house.  
Ye tithe Mint and Cummin (Luke 10. 7.) saith our Saviour, as a thing he approved of: also, 1 Cor.. 1, 13. With many other such like places in the New Testament, which plead for Ministers maintenance. The Heat of all which Objections, I think I shall cool, and allay with these mild ensuing Answets.  
First, To the first I answer, that the tithe that Abraham gave to Melchisedeck (at the famous interview of those two great Personages) was a Gratuity, and not any accustomary Due or Tribute: for I never read that He paid any before, or ever after to him. That was also a Tenth only of the spoils and plunder that he had taken from the Tetrarchs, or four Kings before mentioned; and not any Tenths of his own, either personal, or real Estate: And the Apostle to the Hebrews avouches it to be so: for the Original words there (chap. 7. ver. 4.) are, {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}, the Tenth of his spoils, or of the principal and prime goods of the Heap. And the Learned Josephus, a Jew himself, and therefore one who could best interpr●t the qua●●ity, as well as quantity of Abraham's Offering, says, it was {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} the Tenth of what was gotten by the War, and so not any Praedial or personal tithes, or Divine Tribute whatsoever.  
Secondly, As for that of Jacob, it was only a voluntary and conditional Obligation of his, and not any Customary Tribute, or necessary Duty; for if so▪ he was bound to perform tithing, whether he bade vowed or no; and whether the Condirion of God's part had been performed yea or no: But suppose that tithes were a Sacred Tribute, commanded by God himself to be paid by Jacob: this proves nothing that they ought to be paid since our saviour's appearance. No more do the other Texts of Malachi, or any other part of the Old Testament.  
Thirdly, As for the Texts of the New Testament (as Luke 10. 7. 1 Cor. 9 13. or any other Evangelical Evidence whatsoever, they neither jointly nor severally; simply, nor comparatively prove, that our Saviour nor his Apostles, have by any Evangelical Precept, precisely appointed any such quantum, or measure, as a tenth portion of our increase or profits, to be paid to the Evangelical Ministry: All that can be squeezed out of any of the Texts there, is that a proportionate competency, and handsome maintenance may be given to the Gospel Ministry, that so the Ministers of the Gospel may live of the Gospel, which we shall not with hold from an honest, godly, and sincere Clergy, that they may live as well of their Gospel, as the Ministers of the Altar did of the Altar.  
2 To those who claim tithes by an Ecclesiastical Right, or Church Property, estab●isht by Popes, General Councils, Synods, Conclaves, and the like, and their Decretals, Constitutions, Canons, &c. To these I shall need to say no more, but that the Primitive Church of Christ had no such Cu●●om amongst them: Besides, since we have discarded the Pope's Supremacy, few of the Prelacy, or Presbytery either, will own this Objection.  
3 Some (whose Wits will needs go a Wool-gathering) will challenge them by a right of Donation, which is as poor a Plea, as may be; for what Right hath any King or Ruler (because Lord Paramount) to give the Tenth of the Increase of my Labours; or, at worst, by the same right that he gave them, why may not his Successor revoke them: and how can a primitive Injury be made good by Succession, or a Traductional Custom validate and make that good, which was injurious and compulsory in its first Institution.  
4 Others therefore claim this Revenue by a Civil Right, and Temporal Laws of this Land, made and confirmed by several Kings and Parliaments; and by this means, they say, they have as good Right and Title to the tithes, as others to their Free Rents, Lands, and possessions. To these I answer, That the Law is the Conservator, but not the Giver of Right and Property: It gives nothing, but commands a quiet enjoyment of what was before given. Besides, they are no tithes if they be called a Temporal or Civil Right; but rather Rent-charges, or Lay-fees: whereas I have demonstrated before, that they were always demanded, and acknowledged, and received, as Ecclesiastical Rights and Dues: But if they be Temporal Rights, I hope none will deny, but if a Temporal power first ordained them, a Temporal Power may likewise disordain and reverse them. I shall therefore conclude all with these few Queries, which I shall leave to the Decision of every indifferent and unprejudiced Reader.  
1. If these Spiritual Rents or tithes must continue, should they not I pray you be paid, according to their Primitive Institution, and to the end for which they were first commanded, that is for the use of strangers, Fatherless and Widows, and to the Officers, over Cathedrals, Churches, and chapels, which are the Koathites, Goershonites, and Mararites of our days; and not to any Priest or Parson at all, who are only to receive a Super-Tenth from them.  
2. If the Entail of this Church-Inheritance cannot be cut off by Man (but by God only) why should not the First Fruits also be paid to the ministry, which of old was Aaron's sole properly, and his Successors peculiar Inheritance? And why, I pray you, should these first-fruits be now reduced to a certain and determinate value, which before was appointed as a voluntary Retribution, and in what measure and quantity the Owner pleased to give to Aaron, and the Priesthood.  
3. If the tithe (according to all the Levitical Formalities and Rites) must be paid; why should not the second and third, as well as the first tithes be paid to them, with all other Sacerdotal and Official Fees; as Redemptions, Fifths, Deodands, and the like: Nay▪ why should not their Cities, and fair Suburbs be assigned and set out apart for them, as was of Old? Numb. 35. 5. and then farewell Nobility and Gentry: we should all be trampled on presently by the surmounting Clergy. For, What a vast Revenue would even the Redemptions of our First-Born be, in such a populous Nation as ours is? (especially if both Poor and Rich should pay alike, as of Old they did)? And all this would but run in as one stream into the Church-Corban, or Treasury, which none might pick the Lock of, but St. Peter's keys; (that is, the Clergy themselves to make use of all their pleasure) which I am afraid would employ it to little better ends, than the old Pharisaical Priests did their Co●ban; out of which it should seem they took the 30 Pieces of Silver, with which they hired Judas to betray our Saviour with: Else ●fter Judas his Recantation and Restitution of them, why should it be disputed, Whether they should be returned and repaid thither again or no?  
4. If tithes must continue, why should not that branch, or part of them, that has lain so long under alienation from H. 8. till this day, be restored, and a reappropriation made of all the Impropriations whatsoever? nay, and all the Ecclesiastical Revenues of Cathredrals, abbeys▪ Monasteries, Nunneries, Covents, and the like, be restored to the Primitive Uses again, and all the Popish Exemptions themselves be exempted: and then if all tithes were paid in kind, and by all men whatsoever; and a Restitution of all Alienations whatsoever, instead of having a Church in England, we should have all England in a Church.  
5. If the Tenth of every man's Increase should be given to these men of God, why should it be of the praedial tithes, or visible Increase only; and so the poor Husbandman (especially in all Lands less fruitful than that of Canaan) be the deepest paymaster; is it not meet, that in great Cities and places of Commerce and Trade (where Lands are the least part of their subsistency; and where the ●oor Farmer makes one penny profit, they get ten) is it meet and rational, that these men should go Scot-free? and not pay the Tenth (or at least some competent part or portion) of their Profits, as well as the Farmer and Copyholder, a Tenth of his Increase? For if the old levitical Tribute must continue; certainly Tra●…es men's personal Estates, as well as husbandmen's real and apparent Increases, should proportionally contribute: yea▪ and by the Example of Melchisedeck, should not all Military spoils also both by Sea and Land be Decimable? And if our Parsons got but once settled in a Right of both praedial and personal tithing, they would soon turn as great Exactors as the Pharisaical Tythemongers of Old that spared not the very Mint, Anise, and Cummin, and such poor herbs of the Garden, but would needs decimate the Goodwifes-Husbandry therein. Nay, if personal tithing obtain, would they not have (think you) a tithe of our Brains and S●udies, as well as of our Mechanical Labours and Handyworks? and than it will be past jesting with Tully, who says, He never knew any man that vowed the Tenth of his Wit and Discretion to God Hercules.  
Sixthly, and lastly, Whether the Mosaical Institution of tithes, and the payment of them by Israel, (after their settlement in the Land of Canaan) was not a more equal way▪ than it can be in our Land of England; Theirs being a Land which super-abounded with Corn, Wine, Milk, and Honey, and a complete affluence of all things; and so was no great charge and trouble to the country Farmers, or Occupyers of Land there: Whereas ours, for the greatest part of all England, being so wild, barren, and naturally unfertele, that the tithe of many a man's Increase, is more than the Rent of all his Lands: Nay, and many man's pains, charges, and expenses, in manuring, liming, ploughing, sowing, and Renting of his Grounds, above the one moiety of his whole years Increase and profit: And is it not Reason and Conscience, yea both, that if I pay a Tenth of my Increase to the Parson, He should repay or deduct a Tenth of all my necessary Charges and expenses whatsoever disbursed, towards the production of that Increase?  
FINIS.