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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61095	Tithes too hot to be touched certain treatises, wherein is shewen that tithes are due, by the law of nature, scripture, nations, therefore neither Jewish, Popish, or inconvenient / written by Sr. Henry Spelman ... ; with an alphabeticall table.	Spelman, Henry, Sir, 1564?-1641.; Stephens, Jeremiah, 1591-1665.	1640 (1640)	Wing S4931; ESTC R19648	146,054	238

and same St. 1. An account of his larger work of Tithes St. 2 3. 23. His two Tomes of English Lawes and Councels St. 3. His practice according to his writing St. 20. A brief account of his life studies and employments Bp. 5. His Book De non temerandis Ecclesils vindicated Ap. 1. Why printed in Scotland Sc. 1. Divers Gentlemen moved by the reading of his Books some to part with Impropriations St. 21. Others not to buy them St. 24 Sportulae among the Romans what and their severall sorts Sp. 18. Sportula Presbyteria in the primitive Church what Sp. 19. Sportula menstrua Sp. 89 Statute of the Dissolution of Monasteries Sp. 169 c. How it was made to book in Parsonages Ep. 4 Stipends and Pensions for Ministers bow inconvenient St. 18 c. Sp. 55 56. R. 5.12 Synagoga put both for the persons and the place Ap. 9 T TEmplars See Hospitalers Ten The mysteries and excellencies of this number Sp. 69 113 c. How it representeth the nature of God Sp. 69 and beareth his inscription Sp. 71. It signifieth Gods Law Sp. 73. 113 Tenth part of fruits due unto God as well as the Seventh of time St. 15. Sp. 111. Why the Tenth Sp. 67-76 Tenths paid by the Clergy St. 12. See Tithes Teoda Sp. 67 Time what part thereof due unto God Sp. 1●9 Tithes The etymology of the word Sp. 67. The definition of the thing ibid. Payment of Tithes how antient Sp. 114. R. 6 They are more antient then the Law of Moses Sp. 139. R. 2● They were paid to the Levites after the atteration of their service as well as before Sp. 37. Their antiquity in the Christian Church Sp. 31.86.88 c. R. 22. Tithes paid by all without question for three thousand years together Sp. 110. Tithes frequently paid by Heathens Sp. 114-127 To To give Tithes a generall custome among the Grecians Sp. 123. in use also among barbarous Nations Sp. 124. Both learned it from Gods people Sp. 126 Both oftentimes outgo Gods people in practice of it ibid. Some beasts seem to pay Tithe Sp. 127. How doe these examples shame and condemn such Christians as neglect this duty Sp. 128. Abraham's and Jaeob's precedent as strong for Tithes as the Apostles for the Lords day Sp. 111. The Sabbath was more ceremoniall then Tithes Sp. 148. Why no setled Lawes for them in the Primitive times St. 8. Sp. 29. They were not paid to the Levites while in travel and unsetled Sp. 52. Neither was it expedient or possible the Apostle should have received them Sp. 52 c. How they were anciently disposed Sp. 89-92 151. Christian Tithes far short of the Leviticall St. 9 c. By what right Tithes are due to God St. 93. Tithes of two sorts Morall Leviticall Sp. 93. They are due by the law of Nature Sp. 94-103 of Scripture Sp. c. R. 2.17 of Nations Sp. 113. by a precedent right Sp. 140. They are due here by Laws of severall Kings of England Sp. 129-135 and by donation and vows of our Ancestors Sp. 135 136. Decrees of Councels for the payment of them Sp. 89. They are not a whit left lawfull to us because used in the Church of Rome Sp. 84. That Tithes are not merely Leviticall proved by five arguments Sp. 139. They have nothing ceremoniall or typicall in them Sp. 140. R. 23. Our manner of Tithing differeth from that of the Leviticall Law Sp. 140. The end of Tithes is morall namely Piety Justice Gratitude against all which the with-holders of Tithes grievously offend Sp. 141. In what respect Tithes are Leviticall and Judiciall Sp. 142 c. The employment of Tithes was in part ceremoniall and temporall but the payment and receiving of them is morall and unalterable Sp. 149. The Tithe which our Ministers receive is neither Jewish nor Popish R. 15 16. but that which they pay to the King or State is R. 16 17. Foure severall opinions about the tenure of Tithes R. 23. Reasons why they should be paid Sp. 92. R. 2 c. God accepteth the Tithe as if it were the whole Sp. 73. Paying of Tithes rewarded with plenty Sp. 114.117 118. detaining of them with vengeance Sp. 120.123 c. Fearfull curses denounced against the detainers of them Sp. 91 134 c. They are incomparably the best and fittest provision for Ministers Sc. 17 c. R. 4 c. They are to be paid to the Minister whether good or bad Sp. 32. 60. The enemies of Tithes are enemies to the Ministery it self R. 3. Take away Tithes and look for nothing but ignorance and baseness Sc. 2.3 R. 3.26 Tithes paid by the Levites Sp. 73.77 to what end Sp. 78. The Clergy now Bishops King all ought to pay Tithes Sp. 78 79. Tithes are to be paid out of every thing Sp. 123 130 131. not onely out of the fruits of the ground Sp. 79. but out of the wages of servants Sp. 80. and the spoils of Souldiers and the gains of Merchants and Tradesmen Sp. 81. How Tithes became appropriate See Appropriations The perverse humour of many against Tithes St. 2.8.25 notwithstanding they be due both by Divine Laws and humane St. 4 c. The boundless liberty of the Anabaptists in Germany began at Tithes R. 3. Kentish Petitioners exceptions against Tithes answered R. 7. c. What answer the Parliament gave them R. 15. What made the Anabaptists in London contest so boldly against Tithes R. 19 20. How the dispute about Tithes between B.C. I. R. was disappointed R. 19-21 Animadversions on The Countrey 's plea against Tithes R. 21 c. Not Tithes but Covetousness the cause of Simony R. 13. Arguments shewing that it is unlikely the Parliament will take away Tithes R. 2 c. The plea of Divine right can be no waies preiudicial to Tithes R. 18. whether they be of divine right or no the State may lawfully impose them and the people pay them R. 27 Tituli Sp. 10 St. Roger Townsend St. 21 Traditions of antient Fathers much to be regarded Sp. 86 Treasury of the Temple its parts Sp. 36.78 Turks pay Tithes Sp. 127. U V VIcarages Sp. 152. well augmented by some Colledges in Oxford St. 23.26 by Bishop Morton and Bishop Wright St. 24. by Dr. Fell St. 26. by St. Henry Spelman St. 20. by Viscount Slego St. 26 by the present Parliament St. 24 Vnlawfull things admitted and lawfull omitted Sp. 46 c. Vows lawfully made by Parents descend upon their children Sp. 135. Though arbitrary to make yet are they necessary to keep Sp. 136. Bp. 3 4. W WEstminster-Church subject to none but the King Sp. 179 180 Whitsuntide See Pentecost X XEnophon's example of paying Tithes and endowing a Temple Sp. 121 X signifieth both the name of Christ and the number of Ten Sp. 71 76 A Catalogue of the Authors cited in these Treatises A Chilles Statius Aelianus Agobardus Alexander ab Alexandre Ambrosius Antonius de Dominis Aristophanes Aristoteles Arnobius

to encrease the portion of the Minister in the Vicarage of Pitchley in Northamptonshire belonging to his Bishoprick and so did his successor Dr Wright for the Vicarage of Torcester also in the same shire which was very piously done considering what great Lands and Manours were taken away from that Bishoprick among others and some Impropriations given in lieu of them Besides this present Parliament hath taken singular care to augment the maintenance of many poor Vicarages and other small Livings wherein they have proceeded carefully and have made many additions to severall poor benefices for the better inabling of the incumbent Ministers to be faithfull and diligent in their callings And while Six Hen. Sp. lived there came some unto him almost every Terme at London to consult with him how they might legally restore and dispose of their Impropriations to the benefit of the Church to whom he gave advice as he was best able according to their particular cases and inquiries and there wanted not others that thanked him for his book promising that they would never purchase any such appropriate Parsonages to augment their estates Whereby it appears how effectually the consciences of many men were moved with his moderate and pious perswasions and himself was much confirmed in his opinion of the right of Tithes which moved him to consign his works of this argument besides others to my care with direction to publish them as is also expressed in his last Will and Testament Whereupon I hold my self obliged in conscience and duty to God and to the memory of this excellent Knight to whom I was infinitely obliged for his instructions conferences and favours which I enjoyed in the course of my studies many years frequenting his house and company not to conceal these works any longer from the publique view but to publish them to the benefit of the Church and servants of God now especially when prophanenesse hath so licentiously overflowed and the covetous wretches and Mammonists of this world have begun to withdraw and deny their Tithes muttering that they are Popish and superstitious and therfore to be rooted out as their language is wherein yet the Parliament hath honourably discovered their zeal and care by their censure and check upon the Petition against Tithes exhibited in May 1646. and by their Ordinance providing for the true payment of all tithes rights and dues to the Church as more fully appears therein Wherein they have followed the moderne and ancient Lawes as that expression of the Act of Parliament 27 Hen. 8. cap. 20. That whereas numbers of ill disposed persons having no respect of their duty to Almighty God but against right and good conscience did withhold their Tithes due to God and holy Church as in that Statute is more at large expressed So in the 12. Tables Sacrum sacrove commendatum qui dempserit rapseritve parricida esto It being accounted sacriledge by all Laws to take away such things as have been formerly given to God for so they were given expresly to God as Magna Charta saith Concessimus Deo we have given to God for us and our heirs c. So Charles the great We know that the goods of the Church are the sacred indowments of God To the Lord our God we offer and dedicate whatsoever wee deliver to his Church Cap. Car. lib. 6. So Tully anciently Communi jure gentium sancitum est ut ne mortales quod Deorum immortalium cultui consecratum est usucapere possint So Calvin Sacrum Deo non fine insigni in eum injurin ad prosanos usus applicatur Instit li. 3. cap. 7. § 1. Tithes therefore being consecrated unto God ought carefully to be preserved in these days in regard the Church enjoyeth not the tithe of the tenth which formerly it had and hath also to this day among the Papists who doe not take away from the Church but are ready to restore as they have done in many Countries CONTENTS OF THE SEVERALL TREATISES AND CHAPTERS The larger Book of Tithes containing these particulars following The Introduction to it Cap. 1. VVHat things be due unto God first a portion of our time pag. 1 Cap. 2 The second sort of tribute that we are to render unto God that is a portion of our land pag. 2 Cap. 3 That the portion of land assigned to God must be sufficient for the habitation of the Ministers pag. 3 Cap. 4 That Christ released not the portion due to God out of our lands pag. 6 Cap. 5 What part in reason and by direction of nature might seem fittest for God pag. 8 Cap. 6 Concerning the revenue and maintenance of the Church in her infancy first in Christs time then in the Apostles in the Churches of Jerusalem Alexandria Rome and Africa pag. 11 Cap. 7 That the service of the Levites was clean altered from the first Institution yet they enjoyed their Tithes pag. 33 § 1. Of Templar Levites § 2. Of Provinciall Levites Cap. 8 The great account made of Priests in the old Law and before pag. 42 Cap. 9 When our Saviour commanded the Disciples should take nothing with them but live of the charges of the faithfull this bound not the Disciples perpetually pag. 44 Cap. 10 That many things in the beginning both of the Law and the Gospel were admitted and omitted for the present or reformed afterward pag. 46 Cap. 11 That upon the reasons alledged and others here ensuing the use of Tithing was omitted in Christs and the Apostles time and these reasons are drawn ab expediente the other à necessitate pag. 51 Cap. 12 That Ministers must have plenty pag. 55 Cap. 13 Not to give lesse then the tenth pag. 57 Cap. 14 The Etymology and definition of Tithes and why a tenth part rather then any other is due pag. 67 Cap. 15 Who shall pay Tithe pag. 76 Cap. 16 Out of what things Tithe is to be paid pag. 79 Cap. 17 That things offered unto God be holy pag. 62 Cap. 18 Tithes must not be contemned because they were used by the Church of Rome pag. 64 Cap. 19 That the Tradition of ancient Fathers and Councels is not lightly to be regarded pag. 86 Cap. 20 Ancient Canons of Councels for payment of Tithes pag. 88 Cap. 21 In what right Tithes are due and first of the Law of Nature pag. 93 Cap. 22 How far forth they be due by the Law of Nature pag. 94 Cap. 23 Tithes in the Law of Nature first considered in Paradise pag. 97 Cap. 24 The time of Nature after the fall pag. 100 Cap. 25 That they are due by the Law of God pag. 104 Cap. 26 That they are due by the Law of Nations pag. 113 Cap. 27 That they are due by the Law of the Land pag. 129 Cap. 28 Tithe is not meerly Leviticall How it is and how not and wherein Iudaicall pag. 139 § 1. An Objection touching Sacrifice First-fruits and Circumcision § 2. Touching the Sabbath day Easter and Pentecost Cap. 29

Judges and Lawyers in that Common-wealth of Gods own constitution And whereas it is now granted on all hands that there was 3. Courts of Justice in that kingdome 1. the great Councel of 70. Elders 2. the Court of Judgement consisting of 23. 3. the Court of three or some few more the Priests and Levites were principall men both Judges and Officers in all Courts Scophtim Schoterim as 1 Chron. 23.4 both to give sentence and judgement and also to execute the same so the Divines doe affirm also in their late Annotations upon 1 Chron. 26.29 30. and 2 Chron. 19.8.11 They did study the Judiciall and Politique laws and had power to see the law of God and injunctions of the King to be observed and to order divine and humane affairs And they held also other honourable offices 1 Chron. 26.1 for we read that Zechariah a Levite was a wise Counsellor And Benaiah a Priest son of Jehoiada 1 Chron. 27.5 was one of Davids twelve Captains being the third Captain of the Host for the third month and in his course consisting of 2400. was his son Amizabad 1 Chron. 11.22 Benaiah was also one of Davids principal Worthies having the name among the three Mighties He was also Captain of the guard to David and after the death of Joab hee was made Lord Generall of the Host by King Solomon in Joabs room 1 Kings 2.35 And because some have doubted whether they were imployed in the administration of justice it is more clearly of late evinced then formerly hath been for besides Sigonius Bertram Casaubon Moulin and divers others the learned Hugo Grotius in his Annotations upon Matthew cap. 5.21 hath very accurately proved it out of the Text Josephus Philo and other monuments of the Jews whose testimonies at large I cannot now recite that there was no distinction nor division of the Courts of Justice the one Ecclesiasticall the other Civill but the Courts were united and the Priests and Levites the principall Judges and officers in every Court to whom the people were to be obedient upon pain of death Deut. 17.12 they being appointed to hear every cause between bloud and bloud between plea and plea and between stroke and stroke being matters of controversie within thy gates and as our Lawyers call them Pleas of the Crown and Common pleas or whatsoever else did arise among them The Provinciall Levites were especially appointed to the Courts of Justice and also the Templar Levites when they had performed their courses and went home to their own houses being but one week in half a year were at very good leisure to assist the people in every Tribe where their Cities were allotted to them in governing ruling and directing in all matters pertaining to God and the King 1 Chron. 26.30.32 for which purpose God did scatter them in every Tribe and turned the curse of Jacob into a singular blessing Gen. 49.7 to be divided in Jacob and scattered in Israel appointing 1700. to be on the west-side Jordan and 2700. on the East-side The ancient frame of our Common-wealth for 500. years before the Conquest was thus disposed and governed as this learned Authour sheweth fully in his Glossary and Councels and happy had it been if things had so continued still but now the law being otherwise setled and the Courts divided it is not safe or easie to make alteration Comes praesidebat foro Comitatus non solus sed adjunctus Episcopo hic ut jus divinum ille ut humanum diceret alterque alteri auxilio esset consilio praesertim Episcopus Comiti nam in hunc illi animadvertere saepe licuit errantem cohibere idem igitur utrique territorium jurisdictionis terminus Glossar Spelman The Bishop and Earl of the County were joynt Magistrates in every Shire and did assist each other in all causes and Courts and so Mr Selden in his History cap. 14. § 1. By this means there was great union and harmony between all Judges and Officers whereas there is now great contention for jurisdiction and intolerable clashing in all Courts by injunctions prohibitions consultations and crosse orders to the great vexation of the clients and subjects The division of Courts seems to have proceeded first from Pope Nicholas 1. as is mentioned in Gratian Can. cum ad verum 96. dist about 200. years before the Conquest which was imitated here by William the Conquerour whose statute is recited and illustrated by Spelman in his Glossary and Councels and lately also published by Lord Cook lib. 4. Institutes cap. 52. But the further proof hereof will require more then this place or occasion will bear onely thus much was necessary to be mentioned and asserted in regard of explication and reference to many passages in this book and also other parts of his works which perhaps are not obvious or well observed by every common Reader Vide Glossar Domini Spelman in diatribis de Comite de Gemottis de Hundredo c. Concilia passim CAP. VIII The great account made of Priests in the old Law and before PRiesthood is of 3. sorts 1. That before the Law 2. That of the Law 3. This of the Gospel The first belonged to the Gentiles the second to them of the Circumcision the third to us under grace The third came in lieu of the second and the second rise out of the first which was from the beginning and the work of nature Erant nihilominus ea tempestate sacrdotes nec dum adhuc à lege ordinati sed naturali sapientia hoc requirente perficiente l. 11. in Iob p. 2. for as Origen saith naturall wisdome required and established it Abel and Cain before the Priests office by the instinct of nature not by commandement when each of them sacrificed or made an oblation unto the Lord Gen. 4.4 their outward senses reported to them continually the great mercies that God had shewed unto them and their inward taught them presently that they must be thankfull and what course was fittest to expresse their thankfulnesse namely to honour him that gave all with somewhat of his own I say to honour him with it not to reward him therefore both of them as it is said in Gen. offered of their fruits Cain like a churle his fruits simply that is his ordinary and lean stuffe but Abel like a Prince his first-fruits that is his best fruits namely the fat c. Gen. 4.3 4. Thus was Priesthood instituted corrupted and reformed even in the beginning Cain for ought that here appeareth to the contrary began it and likewise corrupted it Abel continued and reformed it but some rather think and so saith Hugo that Adam taught it to his children and this to me seemeth more likely In Gen. 4.3 that the better function should be derived from the better man and not from the bloody mind of murdering Cain From this fountain it ran under ground I mean unspoken of till the time

Ministers that invest us with spirituall and heavenly blessings that as I say are called to a more excellent sunction and consequently deserve a more excellent reward that have a great charge committed to them and consequently much great travell and labour in performance thereof The Levite travelled onely in body but the Minister of the Gospel both in body and minde he must nor onely doe the part of the Leviticall Priest which is to perform the ordinary service sacraments and rites of the Church like the oxe that treadeth out the corn that is brought home but he must be also like the Dove of the Ark he must stie about to seek and fetch home to his Parishoners the blessed olive branch of pence He must be like Solomons Eagle whose way it in heaven there seeking food for his Parishoners and like that Eagle that God compareth himself unto Deut 〈◊〉 11. that dresseth up her nest floteth over her birth stretcheth out her wings taketh and beareth them upon her wings the feeble and sick souls of his Parishoners always teaching comforting strengthning and confirming them committed to his charge and this shall he dearly earn the portion assigned to him Some then will say this is like Simon Magus to sell the grace of the holy Ghost No. Ministers must be no Merchants they must in no case sell Doves 〈◊〉 the holy Ghost Christ did drive them out of the Temple but the people must be just piety justice and the law of nature requireth that every man render a reward to the labourer not onely ●●●●●ding to his labour but with respect of his function and the quality of his person the Minister must not sell the breath of his mouth but he may sell the sweat of his brows hee may not sell his doctrine but hee may take reward for his travell It is Gods commandement to Adams posterity In the sweat of thy face shalt thou eat bread Gen. 3.19 much precious sweat doe many worthy Ministers distill for us in their function which God no doubt putteth up in his bottle and therefore they must have bread for it much labour in reading writing watching studying preaching and praying many pined and wasted here with for much reading the holy Ghost saith it is a wearinesse to the flesh and willeth man to take heed of it Eccles 12.12 and therefore if there were no more in it but so a worthy reward is due unto them but besides this they minister unto us spirituall things that is things inestimable and is it much then if we return them temporall things And though sometimes there may be found amongst them such as Judas among the twelve Apostles and in all ages some unworthy of that sacred calling they being subject to humane frailties yet tithes are not to be denyed because they are due originally to God who assigned them over to the Levites in the old Testament for he saith I have given them to them Num. 18.24 the tithes of the children of Israel I have given to the Levites and in the new Testament to the Ministers of the Gospel for they that preach the Gospel must live of the Gospel they are therefore to be paid to the Priest or Minister for he is the steward of Gods house and in this point we are not to respect what condition he is of for the debt is due to his Master not to himself so that whether he be good or bad what condition soever he be of he standeth or falleth to his own Master CAP. XIV The Etymology and definition of Tithe and why a tenth rather then any other part is to be paid DEcimae and decumae in the plurall number or decima and decuma in the singular which Tully most useth in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. capacem saith Philo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 à capiendo because it comprehendeth all other kind of numbers as more largely hereafter shall appear For which cause the Latines used the word decimare exdecimare to choose and cull out the principall things and our own English word Tithe importeth as much for it commeth of the Saxon Teoðh i. e. the tenth which is a verball of Teo that signifieth to take out as if it should admonish us that the tithe or part given to God must bee a choice or principall part and because this part should of all the rest be the best and the largest which in our English we commonly call Tithe of the Saxon word Teoðh a i. e. the tenth and Teoðh an sceattas tithes of the verb Teo i. traho extraho Tiehðh Subtrahit as if we should say the choice part or the part that is taken and chosen from the rest for God himself which whether it be the tenth or not yet it is generally comprehended in Latine under decimae and in English under the name Tithe Omnia sua decimabant saith Augustine de omnibus fructibus suis decimam partem detrahebant ipsam dabant paulo post Tectum decimabant id est decimam partem detrahebant eleemosynas dabant Augustin Tom. 10. p. 27. D. Before I proceed further in this Treatise of Tithes I hold it fit first to propose a definition thereof that my discourse may be the more certain I define it therefore Tithe is the tenth part of that we lawfully possesse rendred by us unto God by way of thanksgiving for his blessings bestowed on us Or according to Hostiensis In sum de doci § 1. V. Vocab Vtrius Jur. in verbo decima Decima est omnium bonorum mobilium licitè quaestorum pars decima Deo data divina constitutione debita quae forte addit author vocabularii ut colligitur de decim Ca. 1. ca. Parochianos C. nonest Ca. tua nobis § verum C. non sit ab homine vel Raymundus Decima est omnium bonorum justè adquisitorum talis pars Deo debita This definition leads us first to examine why the tenth part rather then any other should be yeelded unto God Secondly out of what it is to be yeelded all that we lawfully possesse Thirdly unto whom it is to be rendred unto God Fourthly in what manner it is to be rendred viz. by way of thanksgiving Fifthly and lastly upon what consideration it is to be rendred and that is for his blessings bestowed upon us I have not read why in this matter of Tithing the tenth in number should be rather allotted unto God then any other and therefore wanting a guide to direct me I will walk this way the more respectively but according to mine own apprehension I observe two reasons thereof one Mysticall the other Politicall Touching the first as Plato and the Pythagoneans attributed great mysteries and observations unto numbers so doe likewise all the greatest Doctors of the Church and the very books of God themselves and therefore it is not to be thought that in this point of rendring Tithes