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on all Pasture-Grounds fhould be paid; for the Land still brings that with it, and it's eafily diE 2 videable

the Nature of each, we fhall find a vaft Difference: For if a Man enjoys a Farm, on which a Rent-Charge is settled, he is chargeable with, and liable to pay it, whether he im ploy his Farm or not. Whence it is evident, that a RentCharge being a Charge upon the Land, not upon the Stock, and Tythes being a Charge upon the Stock, not upon the Land, tho' our Ancestors had Power to lay a Rent-Charge upon their own Lands, in which they had a Property, yet they could not have a Power to grant Tythes out of other Men's Stocks, in which they had no Property. Again,

Tho' it fhould be urged, That Tytbes were fettled by thofe that were actually feized of them in Law; yet if Tythes be the Tenth of the Profits or Increase of the Land, they who were actually seized of them in Law, could fettle no more than they were feized of, and they could be actually feized of no other Profits or Increase, than what did grow, increase, or renew upon the Land, while they were actually feized of it: so that such Settlement, how valid foever, while they lived, muft needs expire with them. Hence can any one with Reason urge, that they who were poffeft of Land an Hundred Years ago, could then settle and difpofe of the Profits and Increase that shall grow and arife upon the Land anHundred Years after, fince that Profit cannot arise barely from the Land, but from the Labour, Induftry and Stock of the Occupier? Were ever any actually feized of the Labour of the Husband-man's Hands, of the Sweat of his Brows, of the Judgment, Understanding and Skill that God hath given him; of the Stock he imploys, the Coft he bestows, the Care, Pains, Industry and Diligence he exercises for the obtaining a Crop?

Again, if we confider the Practice of our Anceftors, in their Donations of Tythes, we may find, that they did not look upon Tythes to be at all in the Nature of a RentCharge; for they took great Care by Legal Settlements, to fecure and affure thofe Rent-Charges; but made no Provifion (for fome hundred Years) for the Payment of Tythes, fave by Ecclefiaftical Cenfures; nor was the Knack of Sueing for Tythes in temporal Courts found out, till of late Years; which argues, that as they gave Tythes at firft in a religious (tho' blind) Devotion, fo they intended the Continuance of them hould have depended on Devotion allo. Thomas Ellwood's Foundation of lythes fhaken.

HERD.

videable by Rent, or let by Month. If another hath as good Right to the tenth Part of the Increafe, as the Owner hath to the nine, why can he not take it without the Owner's fetting it out, or recover it by Action of Debt or Trefpafs? But it is clear there is no Title till it be fet forth, and then if the Owner carry it away, an Action of Trefpafs lies, because he had fet it out, and given it to another, and fo altered his Property, as one Man doth, by marking his Cattle for another Man, and therefore it is, that the Law which commands Tythes, doth not give Power to any to take the Tythe, because he had no Title, but enjoyns the Owner to fet it forth, and fo make it another's by his own Confent.

IF If any Man claim Tythes by my Ancestors Gift, may I not afk him, to whom, and for what, my Ancestors gave them? And it is plain beyond Denial, that all thofe Gifts of Lands or Tythes in England, fince Auguftin the Monk planted the Popib Faith, and preached up the new Payment of Tythes, were given to Popish Priests, for faying Prayers for the Souls of the Givers, and their deceased Ancestors, as old Confecrations do witnefs: And therefore in Reason, if the Confideration and Service be ceafed, fo ought alfo the Wages, for no Man, in Law or Equity, ought to claim Wages when he will not do the Work for which it was given; and feeing those Popish Priests and Prayers are laid afide, the Gift (if any fuch were, and could be binding) ought to return to the Donor, and may not without his Confent be perverted to another Ufe.

any

TYTHE was never claimed in Refpect of SHEP- • Ownership in the Land, but ex debito, by the • Law of God, for Substraction whereof, no Remedy lay at the Common-Law; and there

fore,

fore, if a Parfon let a Leafe of his Glebe to ‹ another, with all the Appurtenances, yet he • himself shall have Tythe of it'

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Terræ non funt decimabiles; and therefore neither Mines nor Quarries of Iron, Brass, Tin, соок. Lead, Coles, Stones, Tile, Brick, or Lime are tythable, nor Houses; nor Trees, nor Grass, nor Corn, till they be fevered from the Land, the Confimilar is Felony • real Estate which defcends by Inheritance from Trepas be the Ancestor, and made a diftinct perfonal Pof- tween free • feffion.' And therefore Tythe is not paid of bold and Land, nor by Reafon of the Land, nor is it a Charge upon Land, like a Rent-Charge, nor was it ever fo claimed, till of late, that the Popish Covers were not broad enough.

Obj. But fome object and fay, When I bought my Land, I bought not the Tythe, nor paid any Thing for it.

An. I anfwer, That I and all Men bought all our Land, and that without any Charge of Tythe upon it; and therefore in all Conveyances, it's ftill faid, All that &c. and never any Covenant for, or Exemption of, a tenth Part, either of Land or Increase; and to him that faith, the Seller, or his Ancestor charged it with Tythes, as a Rent, I fay, where a Rent is charged, it is ftill expreffed; and find any fuch Exception or Covenant, and I will freely pay them as a juft Debt. And is it not ridiculous, for any to talk of purchafing his Tythe? For with his Labour, Charge and Hufbandry, he pays dear enough for his whole In

crease.

Obj. Another objects, That though I bought all my Land, yet I bought it cheaper, (because it was fuppofed, that it ought to pay Tythes) than I could bave bought fuch Landas was known to be Tythe-free;

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and

moveable

Goods.

and therefore having a cheaper Bargain, I am bound in Equity to pay Tythes.

*

Anf. I answer, that I have already proved all Land is Tythe-free, and the Charge of Tythe is

upon

N. B. Let the Reader confider, *What it is the Purcha fer buys, and what it is Tythes are demanded of. The Purcha fer buys the Land, and that he buys intire. No TitheLand, no tenth Acre, is ever excepted exprefly or impli citly; but he buys the Whole Field or Farm, the tenth Part as well as the nine. But in this Purchase he buys the Land, not the Profits or Increase, which by Husbandry and manuring may arife upon the Land in Time to come; for they are uncertain, and the Seller who makes him an Affurance of the Land, will not undertake to affure him a future Increase and Profit from the Land; nor were it reasonable to expect it. When therefore he has this Land, if he will have Profit and Increase from it, he muft purchase that after another Manner. He pays for that, and many Times dear enough too) by the Labour and Charge he bestows in Tilling, Dref fing and Manuring it. And if in this Senfe, he may be faid to purchase the nine Parts of the Crop or Increase, in the fame Senfe he purchaseth the tenth Partalfo, for he baftows his Charge and Pains on all alike; and the tenth Part ftands him in as much as any one of the Nine. Thus then the Buyer first purchafeth the Land, and afterward the Occupier, whether Owner or Tenant, purchaseth the Crop. The one buys the Land by laying down fo much Money, the other obtains the Crop, by beftowing fo much Charge, and fo much Labour, &c. And as in the Purchase of the Lands, the Buyer doth as really buy the tentb Acre, or tenth Part of the Lands, as the Ninth or any other Part of the Nine; fo in the Purchase of the Crop, the Occupier doth as really purchase the tenth Part of the Profits and Increase, as he doth the Ninth, or any other Part of the Nine; and after the fame Manner, he lays his Dung on all alike, he fows his Seed on all alike, he plows all alike, he beftows Pains and Charge, and exercises his Skill and Care equally on all. Thus it appears, that Tythes are really purchased by them, by whom the nine Parts are purchased, and do really belong to them, to whom the nine Parts do belong; whether Tythes be underftood of Lands or of Profits. If of Lands, the Purchaser doth as really buy the Tenth Acre, as any of the Nine, and gives as much for it. If of Profits, the Tenth Sheaf, or nth Part of the Crop, doth coft the Occupier as much to the full, as any other of the nine Parts.

upon the Stock and perfonal Estate, and not upon the Land: And the Strength of this Objection, lies in comparing thofe that pay Tythes with those that are free; they that buy Lands Tythe-free, are eased of this Oppreffion, and are in no Hazard; and though all others ought to be so, yet it being a Question, whether they can ease themfelves of the Burden, they buy under an Hazard, and as fubject to fuch a Charge; but if they can caft off the Yoke, they get but what is their own: And seeing we have denied the Pope's Authority and Supremacy, we may fo foon as we can, wholly caft off the Burdens which he laid on us. And thus, he that buys Land in Years of Trouble and heavy Taxes, may perhaps buy much cheaper than when none, or little, is paid: Shall he therefore always be required to pay Taxes when others are discharged? Or fhall he that bought cheap Penny-worths on the Borders between England and Scotland, when thofe Parts were infeited with Moffe-Troopers, always maintain, or pay Tribute to Thieves and Robbers? We bought Land when the Pope's Yoke was upon our Necks, and if we can caft it from us, we may, by as good Reason, be eafed of our Tythes, as they of their Taxes. But if I bought cheaper, what is that to the State, or to a Prieft? If in Equity I be bound to pay any more, it is moft juft, that he have it of whom I bought my Land, and not another.

There are others, who plead a legal Right by Prefcription, and that they have a good Right, because they have fo long possessed them.

THIS was the old Device, first to preach that Tythes were due, and then to limit them to the Parishes, and when forty Years were past, to

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claim

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