Actus ille parliamentarius caeperintque omnia demoliri vi eripi è jurisconsultorum prodiit interpretatione ut praeda haec etiam in casses regios redigeretur Partita ergo ea demum inter regni nobiles necessariò tandem habitum est ut subalternis legibus corroboraretur Sed quò me rapiet fili hujus deductio disrumpendum certe est ne ulterius trahar in labyrinthum Putarem incaepturus silentii veniam verbo uno aut altero à te exporasse quod in rus vocatum itineris me cura jam sollicitat Quandoquidem vero neque brevis est dum redeam via sed nec tempus haec interea nobis excussit amor erga te noster fusiùs multo quà m cogitarem Academici autem nitoris nihil in nostris paginis disquiras oportet Commune enim illud quod scribis mihi tecum est Cantabrigia miserum me mater exuit cum 17. aestates non salutaveram trajectoque celerrime Lincolniensi hospitio in patrium solum adolescens revocor Gravibus hinc inde implicitus negotiis privatis nec à publicis liber ter rapior in Hiberniam Quod reliquum fuit vitae spatium domi satis aerumnose exegi denuò otii desiderio captus Londinum tertio hinc anno veni pace vero mihi videbar exoptatissimâ fruiturus qua Musarum limina ex voto delibarem Sed En nova in me rerum tempestas nova litium moles inopinatè proruit qua luctantem adhuc varieque agitatum nescio quousque detinuerit Poetae autem illud teneo dabit Deus his quoque finem Habes vitae nostrae compendium quam vides magnam amoris effusionem donec aliis tuis per literas quaesitis respondero Sancte faeliciter vale Londini 18. Septemb. 1615. A Treatise concerning Impropriations of benefices Cum privilegio regali THE PREFACE To the King our most gracious Sovereigne Lord Francis Bigod Knight his humble and true faithfull subiect and daily Oratour wisheth daily augmentation and increase of grace and honour I Did not perfytly know most gracious most christen and most vyctorious Prince how that amonge all other vertues that the vertuous gyftes given by grace only throughe the goodnes of Almighty God of the incomparable gyfte of gentlenes and humanite did so habundantly accumulately and so manifestly possesse and reigne in your noble and princely hart till that now it appeareth manifestly by your exterior noble acts and deedes for els undoubtedly I would not only have bin ashamed so to attempt rudely foolishly and rather presumptuously to trouble and disquiet such an imperyall majesty with this my rude and barbarous writing in the hinderance of your godly and spirituall studies with which your highnes taketh such intollerable paine as well to set forth the mere syncere and new glory of God as also the establishment quietnes and unitie of this your christen Comen welthe But also in my owne conceit and opinion calling to remembrance my great and manifold insufficiency in learning to write unto so mighty and famous a Prince I should even by and by have disallowed mine owne behaviour in that behalfe and judged my selfe worthy of blame but now considering most benigne Soveraigne Lord how much all your subjects be imperpetually bound to laud praise and glorifie almighty god to send unto us so Christen a kinge to have rule and governance over us your subjects by whose great and inestimable diligent labour charge study and paine we be delivered from the hard sharpe and X. M. times more than judicyall captivity of that Babylonicall man of Rome to the sweet and soft service yea rather liberty of the gospell I can for my part no lesse do then to present to your grace somthing thereby to declare how gladly I would give thankes to your highnes for such proofs as I among others have received by this said benefit in our deliverance which act is of it selfe so highly to the great peace unyte and welth of this most noble Empyre of England that if there were non other cause but that only we were bound to and with all our diligence and industry to study labour and devise how this benefit exceeding all other might world without end be extolled praised and made immortall and to receyte how much the furtherance of gods glory is by the same act set forth and advanced my learning ne yet wytte will not serve me Yet I dare boldly afferme pondering and considering depely the effect and circumstance of this matter This act is no lesse worthe then well worthy to be set in the booke of Kings of the old testament as a thing sounding to gods honour as much as any other history therein conteyned but what should I attempt or goe about to expresse the condigne and everlasting praises and thankes which your majesty hath deserved of all your hole Cominalt for the benefites before named unlesse I would take in hand like an evill workeman which by reason of his unperfectnes in his science should utterly staine and deface the thing he would most earnestly and diligently shew and set forthe I will therefore most excellent Emperor of this realme set all this aside and shew to your grace the cause of my enterprise for so much as I perceave that all your gracious proceedings are onely driven and conveyed to the most highe just and sincere honour of Almighty God the publique welth and unity of all Christendome most especially of this your most noble Realme of England it hath animated and incouraged me according to the small talent of learning that the Lord hath lent to me to put your grace in remembrance of the intollerable pestilence of Impropriations of benefices to religious persons as they will be called some to men and some to women which in mine opinion is a thing plainly repugnant to the most holy and blessed decrees and ordinances of Almighty God and highly to the extolling supporting and maintenance of the usurped power of the Bishop of Rome as your Majesty shall perceave in reading of this little treatise which your grace not being offended I shall ever God willing be able justly to defend and also stop the mouthes of them that shall say and abide by the contrary and that not with mine owne words but with authorities of holy Scripture And further I doe most humbly upon both my knees beseech your Imperiall Majesty that unto such time as this my little book be cleerly confuted by like holy Scripture and authorities as I have approved the same that it may safely goe abroad under protection of your gracious and redoubted name And for the prosperous preservation of your most royall estate of your most noble and vertuous Queene of your deere daughter Lady Princesse daughter and heire to you both according to my most bound duty I shall daily pray my life enduring Sir Francis Bigott Knight of Yorkshire wrote this Treatise whereof this Preface I received from Sir Henry Spelman but the rest
cost 80l. Besides Legacies to severall Ministers The particulars are more fully recited in the Survay to which I referre pag. 761. Ms Ellen Goulston Relict of Theodore Goulston Dr of Physick a very learned man being possessed of the Impropriate Parsonage of Bardwell in Suffolk did first procure from the King leave to annexe the same to the Vicarage and to make it presentative and having formerly the donation of the Vicarage she gave them both thus annexed freely to St Johns Colledge in Oxon expressing many godly reasons in a pious letter of her grant to advance the glory of God to her power and give the world some testimony that she had not been a fruitlesse observer of those who taught her that knowledge without its fruit and that love of Christ without love to his Church was but an empty mask of an empty faith Thus with devout prayers for a blessing from God upon those which should be chosen Rectors there she commended the deeds and conveyances of the Parsenage for ever to the Colledge And this way doth justly seem the best manner of restitution it being a double benefit to the Church both in providing carefully for the Parish and selecting out of the Vniversities able and worthy Divines in due time and manner without any corruption which the Colledges are carefull to avoid and therefore that course was followed by Sir Ralph Hare already mentioned by the prudent advise of Sir Henry Spelman which course if it had been observed by them who lately were imployed in purchasing of Impropriations they had freed themselves from sinister suspitions by devesting themselves wholly of any profits reserved to their disposing and might have much advanced the glory of God by diligent preaching within the campasse of few years and many would have been perswaded easily to become contributers and benefactors to their purpose Divers Colledges in Oxon having been anciently possessed of Impropriations have of late years taken a course to reserve a good portion of the tithe corn from their tenents thereby to increase the Vicars maintenance so that the best learned Divines are willing to accept the Livings and yet the Colledge is not diminished in rents but loseth onely some part of their fine when the tenants come to renue their Leases Certain Bishops also have done the like as Dr Morton whiles he was Bishop of Lichfield did abate a good part of his fine 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 Sir 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 sine insigni in eum injuria ad profanos 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
to a more excellent function 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 â—oth in body and minde he must not 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 flie about to seek and fetch home to his Parishoners the blessed olive branch of peace He must be like Solomons Eagle whose way is in heaven there seeking food for his Parishoners and like that Eagle that God compareth himself unto Deut. 32. 11. that dresseth up her nest floteth over her birds 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 thus 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 i. e. 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 according 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 herewith for much reading the holy Ghost saith it is awearinesse 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 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 Teoða i. e. the tenth and Teoðan sceattas tithes of the verb Teo i. traho extraho Tiehð 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 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 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 Pythagoreans 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 but the number of 10. is also respectively chosen S. Augustine saith that many things are not yet understood in Scripture for that we cannot attain unto the knowledge of the vertue or power of numbers And both he and Saint Jerome through their whole works continually observe great secrets therein so doe the rest of the Fathers and not onely in the Old Testament and Ceremoniall Law but in the New Testament also Insomuch that I think there is not almost any number there mentioned out of which some particular observation is
not made But to come to this we are in hand with Let us see why this was allotted to God above others and what part in reason is due unto him Reason tels us certainly the best and the choicest therefore he refused the unclean beasts the lame and the blemished things for as he is best worthy so he requireth the best of every thing the bloud of the sacrifice because it was the life the fat because it was the perfection of it to be short the number it self allotted to him the tenths I mean if the mysteries thereof be opened tels us both why it was yeelded and why above other he should require it It is said to signifie the first and the last the beginning and the end it is finis simplicium numerorum initium compositorum the end of simple numbers and the beginning of compound the first articular number the last number of single denomination The number wherewith the progresse of numeration running as it were circularly always endeth and beginneth again Repraesentat saith Bartholomeus merito ipsum Christum qui est A Ω principium finis that is it worthily representeth Christ who is Alpha and Omega the beginning and the end In these and such other respects it is also said to be like a circle the greatest and the perfectest body in Geometry having neither beginning nor ending as other Attributes of God Hermes justly named Trismegist labouring to describe God by the most significative resemblance that mans wit could attain unto said God is like an imaginary circle or sphere whose center is every where and whose circumference no where meaning infinite and beyond extent And as the circle a sphere of all forms and bodies is most spacious and of greatest capacity comprehending all other and it selfe comprehended of none so the number of 10. comprehendeth all numbers and is it selfe comprehended in none of them neither is there any number beyond it but that riseth out of it Decas saith Saint Ambrose numerum omnem complectitur It is the foot and base whereon all of them are founded and it containeth not only all dimensions but to be short all the reasons of Arithmetick Geometry and Musick Therefore Philo Judaeus saith they that first gave names unto things for they were wise seem to me to have named decadem that is the number of 10. quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. capacem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 à capiendo quod capiat amplectatur omnia genera numerorum rationum ex numeris collectarum proportionum harmoniarum rursus concentuum proprie appellasse i. e. of taking or comprehending for that it taketh or comprehendeth all kindes of numbers of reasons gathered out of numbers of proportions harmonies and concordances In this manner the number of 10. representeth unto us as such things may the nature of God the perfectest the greatest comprehending all and comprehended of none the beginning and the end yet infinite and without beginning or end So that this number 10. this tribute money in question hath in the respects before alledged the apparent image of God and therefore let us see whether it hath his inscription or not for sure if it hath his image or inscription it is due unto him by his own words his own argument The Hebrews from them the Graecians expresse it by the letters that begin his greatest and essentiall name Jehovah that is ◠◠jod iota The Romanes and wee of the Western parts of the world one while by the letter X another while by the figures 10. All know that the letter X signifieth ten and the learned also know that it likewise signifieth the name of Christ for commonly in ancient times and to this day in many books it is so written X ' or X◠Xi Xo Xm for Christus Christi Christo Christum and in like manner for decimus decimi decimo decimum in the time of the Law it was marked with the letters of the Fathers name in the time of grace with the Sons name Yet the truth is that the letter X thus used for the name of Christ is no Latine letter but borrowed from the Greek where it signifieth Ch because it represents not onely the name but the Crosse of Christ in which the Latin letter X as the number and character of ten hath also much hieroglyphicall signifition To come to the Arithmeticall figures that expresse it which are the figure of 1 and the cyphero 1 signifieth the same that Alpha doth in Greek that is one The cypher o presenteth to us Omega for Omega is no more but great O and in ancient time was noted onely by circle or cypher and in effect still is so that 10. in figures expresseth A and Ω. As A is the first letter in the Greek Alphabet and Ω the last so in the Alphabet of Arithmetique the figure of 1 is the first and the cypher o is the last therefore in like respect the figures of this number of 10. signifieth the first and the last the beginning and the end But as the cypher o in this respect signifieth the end so we must mark that it is a circle and hath no end Being therefore joyned to the figure of 1 which signifieth the beginning it sheweth unto us that the beginning is without end the end it self without beginning or end both infinite without any limit The first character in the figure of 10 viz. 1. begetteth al numbers for it is semen numerorū is begotten of none so that it is unus omnis one and all and so do the very figures signifie in notis antiquorum according to Valerius Probus P. Diaconus Therefore to conclude it hath both the image of God in signification of his nature and the inscription of his name in the frame of the characters and figures In all languages and with all Nations after one manner or other as though nature her self had taught them that this part belongeth to God which by no wit or any learning can be applied to or found in any number between 2 and millions of thousands Reddite ergo quae sunt Caesaris Caesari quae sunt Dei Deo Give unto Caesar the things which are Caesars and unto God the things that are Gods All that we have belongeth unto him yet is he pleased to accept a part onely but we must note further that it is such a part as implieth the whole because the whole is his He loves not to have a piece of us simply it must be such a piece as comprehendeth all in effect therefore when he said Give me thy heart it was as much as give me all for he will have all or none Therefore in his sacrifice hee specially required the head and the tail the head as principium the tail as finem the beginning and the end of all our actions for so the whole is his And in the same sense the
they were used by the Church of Rome by the same reason we must also reject our Churches but the Apostles used both the Synagogues and the Temple it self after Christs Ascension though they were polluted with the doctrine and ceremonies of the Jews and therefore we are not to reject Tithes and other things profitable to Gods service because the Papists used or misused them The Censors ordained for Gods honour were impiously abused by Corah Dathan and Abiram yet God rejected them not but commanded them to be still employed in some better course of his service namely in making plates for the Altar Numb 16. 38. And by this Scripture doth Huge and Origen reprove them that judge the works of an heretique to be burned without preserving the good things in them and the Altar to be pulled down whereat a Schismatique hath ministred Hugo in Genes 16. fol. 136. a. and Origen in Homil. 9. sup Num. fol. 104. God refused not the burnt-offering of Gedeon though he made it with the idolatrous wood of Baals grove yea himself commanded it so Judg. 6. 26. and in the Gospel the offerings of the proud Pharisees were as well received into the Treasury of the Temple as the mite of the poor widow When Jericho was destroyed and accursed yet God required the gold and silver for his holy utensils Jos. 6. 19. For though filthy gains are forbidden to be offered unto God yet good things because they have been abused are not forbidden to be offered unto him When the pottage provided for sustenance of the children of the Prophets was infected by him that threw in the wilde gourdes or colloquintida Elisha the Prophet commanded them not to be cast away but cleansing them from their infectious venome used them still for food of the children 2 Kings 4. 38. So if the pottage of the Ministers have been abused with Roman Colloquintida purge the infection but take not their pottage I mean their Tithes from them Aristophanes bringeth in Hercules laughing to see effeminate Bacchus clad in the Lions skin but we may well lament to see a spruce Castilio and his masking mistresse trickt and trimmed up with those Church-livings that godly and grave men in times past gave for maintenance of Gods service and the Ministers thereof I can but wonder what should move Flacius Illyricus a man so conversant in the history of the Church to affirm that Tithes were lately extorted by the Popes and that they were first imposed by Pope Pelagius in the Councell Anno 588. unlesse his meaning be that in elder times they were paid at pleasure and now first commanded to be paid of duty which construction though contrary to the understanding of a common Reader if we doe allow him yet is it untrue also for that Councell reciteth that they had been paid before of long time and that by the whole multitude of Christians and as due by the Word of God and consequently not at pleasure Concil Matisconense 2. c. 5. Anno 588. Tom. 2. So that this Councell did but revive and quicken the cold devotion of that time and not inferre new matters unheard of before CAP. XIX That the Tradition of ancient Fathers and Councels is not lightly to be regarded IT appeareth by divers ancient Fathers and Councels that Tithes were paid long before their times in the Primitive Church and were unto the age of the Apostles though little memory thereof remaineth in the Authors of those times And shall we not beleeve the Fathers received such instruction from their elders Doth not God bid us ask after the days of old and the years of so many generations saying Ask thy father and he will shew thee thine elders and they will tell thee Deut. 32. 7. If we shall not beleeve them why should we ask them and why did the children of Israel complain that their Fathers heard not the words of the book of the Law 2 Kings 22. 13. but because they therefore could not report it to them their children Shall we think nothing to be done but what is written doth not the Evangelist tell us that if all were written that Christ did he supposed the world could not contain the books Joh. 21. 25 are not many actions of elder time alledged in latter Scriptures and yet no testimony of them in the former it is said 1 Chro. 26. 18. that Samuel Abner and Joab dedicated many things unto God yet their story reporteth no such matter Solomon is noted 1 Chron. 10. to have kept a famous Passeover yet is there not a word of it in the history of his time Fasting was brought into the Church before Christ and the use also of building of Synagogues but it appeareth not when or how Paul alledgeth that our Saviour said It is better to give then to take Act. 20. 35. yet no Evangelist doth mention it Jude saith v. 9. that Michael and the Devil strove for the body of Moses yet the Old Testament noteth no such thing how then came they by these instructions Surely by books that are perished or by inspiration or by relation of others and doubtlesse the ancient Fathers came to the knowledge of many things by all these ways First by books that be perished for it is manifest by Eusebius Jerome Gennadius and others that the ancient Fathers saw many thousands which are not now extant If by inspiration the holy Ghost that was sent down upon the Apostles and passed from one to another returned not by and by to heaven but remained actually amongst the Fathers of the Primitive Church and therefore what they generally taught is carefully to be kept But if they received these things by Tradition the very Tradition of those first ages of the Church are much to be received for all that time no doubt infinite speeches and actions of Christ and the Apostles whereof many were collected by Ignatius and Papias as Jerome reporteth but now lost were then fresh in the mouths of every man as not onely the Fathers of that time doe abundantly testifie but our own experience also induceth us to conceive for doe not we our selves hear and beleeve many things to be done in the time of King Hen. 8. that never yet were written nor like to be CAP. XX. Ancient Councels and Canons for payment of Tithes THe Canons attributed to the Apostles come first in rank to be mentioned yet I will not insist upon them Neither doth Bellarmine as they are now published maintain them to be the children of those Fathers Yet can it not be denyed that the first 35. of them are very ancient and neer the time of the Apostles for Dionysius Exigu that lived within 400. yeares of the Apostles translated them out of Greek as received long before in the Eastern Church The fifth of those Canons ordaineth that all other fruit should be sent as first-fruit and tithe home to the house of the Bishop and Priests and not to be offered upon the Altar
service of God not onely Samaria hath exceeded Jerusalem but even Babylon put down Sion And so Theodoret complaineth that the heathens did give their tenths and first-fruits to be employed in their idolatrous service to the maintenance of their Temples Oratories Priests and Altars in more liberall manner then Christians but saith he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Such honour saith he speaking of the care taken for the Egyptian Priests Gen. 47. the Priests of the living God and Ministers of our Redeemer Christ Jesus have not with us And much lesse have they in these days especially with us who boast to have reformed things amisse For yet amongst those of the Church of Rome it is otherwise that think nothing too dear for their Jesuites and have their Priests in so great respect that they fall down on their knees and desire their blessing every morning but Nuper Tarpeio quae sedit culmine cornix Est bene non potuit dicere dixit erit Mr Selden saith that the Turks pay the tenth according to the Mosaicall Law which they receive as authentique but keep it according to Mahomets fancy and the doctrine of his Canonists Mr Blunt an accurate observer in his travails affirmeth that the Turks in their principall Cities have very stately Moskeetoes i. Churches of magnificent building accommodated with goodly Colledges for the Priests lodgings and Bathes equall to the Monasteries of any City in Christendome Aelian relateth as Mr Selden citeth him that some kinde of beasts in Africa alwayes divided their spoile into eleven parts but would eat onely the tenne leaving the eleventh as a kinde of first-fruits or Tithe and why may not beasts of the field teach men the practice of piety seeing man that is without understanding is compared to them Thus Jews Pagans Turks and some beasts have had a care to pay Tithes but many Christians in these times come farre short in their duties and may bee upbraided with these examples Which are here more largely insisted on to shew the impiety of many men in these last days who are more inexcusable then ever any people were because we have the rules and practice of all ages set before us for our direction as before the Law of Moses in Abraham and Jacob and likewise under the Law during the Priesthood of Aaron and since under the Gospel abundant light to guide us besides all the Records Histories and Monuments of Gods judgements in former times to instruct us All which saith the Apostle 1 Cor. 10. are written and recorded for our admonition upon whom the ends of the world are come If we therefore offend now we are greater sinners then any former people as sinning against conscience knowledge and examples of all ages and like to the servant that knew his Masters will but did it not who therefore must be beaten with many stripes CAP. XXVII That they are due by the Law of the Land AS they are due by the law of Nature and of Nations by the Law of God and of the Church so are they likewise due by the very Temporall Laws of the Land as well ancient as later therefore Edward the elder and Guthrun Saxon and Danish Kings punished the not payment of Tithes by their temporall Constitutions Lambard 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 54. Tom. 1. Concil Britan. pag. 392. King Athelstan about the year of our Lord 924. not onely decreed them to be paid by himself his Bishops Aldermen and Officers but maintaineth that his Law by the example of Jacob saying Decimas meas hostiam pacificam offeram tibi and by other effectuall Authorities providing precisely that his owne Tithes should diligently be paid and appointing a time certain for doing thereof viz. the feast of the decollation of S. John Baptist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pa. 57. Tom. 1. Concil p. 402. King Edmund about the year 940. in a solemn Parliament as well of the Laity as Spiritualty ordained that every man upon pain of his christendome and being accursed should pay them truly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 73. Tom. 1. Concil pag. 420. King Edgar in a great Parliament about the yeare 959. confirmed the payment of Tithes assigning certain times when every thing should be paid viz. the Tithe of all young things before Whitsontide of the fruits of the earth by the harvest aequinoctiall i. about the 12. Septemb. and of seed by Martimas and this to be done under the pain mentioned in the Book of the Lawes of the Land whereby it appeareth that the Laws of the Land had anciently provided for the payment hereof though the Book remaineth not to us at this day as well as the Laws of the Church And he further enacted that the Sheriffe as well as the Bishop and Priest should compell every man to pay their Tithes and should set it forth and deliver it if they would not leaving to the party offending onely the 9th part and that the other eight parts should be divided four to the Lord and four to the Bishop and that no man should herein be spared were hee the Kings Officer or any Gentleman whatsoever 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 77. Tom. 1. Concil pa. 444. King Canutus about the yeare 1016. made the like Law with some little enlargement as appeareth in his Laws ca. 8. and as Malmesbury testifieth strictly observed all the Laws of the ancient Kings de gestis Regum Angl. lib. 2. p. 55. And he wrote also about the 15. year of his reign from beyond the seas a long letter to all the Bishops and Nobility of England conjuring them by the faith that they ought both to himself and to God that they caused these Lawes touching Tithes and Rights of the Church to be duly executed and the Tithes to be paid as abovesaid Malmsb. p. 74. But King Edward the Confessor about the year 1042 made all certain namely that Tithe was due unto God and should be paid the tenth sheafe the tenth foal the tenth calf the tenth cheese where cheese was made or the tenth days milk where there was no cheese made the tenth lamb the tenth fleece the tenth part of butter the tenth pigge and that they that had but a calfe or two should pay for every of them a penny And to this price is the Parson generally holden at this day when ten of our pennies are scarcely worth one of that time He also ordained that Tithe should be paid of bees woods meadows waters mils parks warrens fishings coppises orchards and negotiations and out of all things saith the Law that the Lord giveth the tenth is to be rendred unto him that giveth the nine parts with the tenth and bindeth the Sheriffe as well as the Bishop to see this executed And all these were granted saith the Book by the King Barons and Commonalty as appeareth in those his Laws cap. 8. and Hoveden Annal. part poster pag. 602. Long after the learned Author had written this he published the first Tome
being now dead in whose behalf I must avow that the originall is plainly ad nos and not ad vos which lest it should seem either mistaken or questionable King Edgar himself doth manifestly clear it both by deeds and words for of his own authority he removed generally the Clerks of that time that were not professed out of the Monasteries and placed in their rooms Monks and regular persons as appeareth by his owne words in his Charter of Malmesbury Malmsb pag. 58. l 17. And also in the foundation Book of the Abbey of Winchester written all in golden letters wherein likewise he prescribeth the rules for the government of the religious persons there and saith that himself will look to â—â—e Monks and that his wife Aelfthryth shall look to tâ—e Nuns And lest it should seem that he had done this rather out of the will of a Prince then by just authority Hoveden and Historia Jornalensis doe testifie that he did it by the advice and means of Ethelwould Bishop of Winton and Oswald Bishop of Worcester So that the very Clergy of that time agnised executed and affirmed his jurisdiction herein which I will close up with a materiall sentence out of his Charter in Glastenberry extant in Malmsbury de gest Reg. li. 2. pag. 57. where the words be these Concessit etiam scil Edgarus ut sicut ipse in propria ita totius insulae causas in omnibus tam Ecclesiasticis quà m secularibus negotiis absque ulla ullius contradictione Abbas Conventus corrigeret that is King Edgar granted that the Abbot Covent of Glastenberry should correct or amend all causes as well Ecclesiasticall as secular within the whole Isle of Glastenberry as himself did within his own Isle namely of England So that the King here denounceth that himself hath the correction or ordering of all Ecclesiasticall causes within this his Isle And in further declaration thereof doth by that his Charter by and by after prohibit all Bishops from medling within the Isle of Glastenberry and lest he should seem to doe a new thing he closeth it up with this apology That his predecessors Cemwines Ines Ethelardus Cuthredus Elfredus Edwardus Ethelstanus Edmundus had all of them done the like and he might have added out of Bede l. 2. c. 7. that Cenwalch King of West-Saxon of his own authority divided the Sea of Agilbert his Bishop being a French man and of another language which he understood not and gave one part thereof unto Winus a man of his own Nation which though he were afterwards compelled by necessity and discontent of Agilbert to reunite yet his successor Inas divided them again and then they so continued Hen. Huntington l. 4. pa. 33. l. 49. It is true that ad majorem cautelam King Edgar required John 12. to confirme these priviledges lest any as he saith should in future time either take them away or throw out the Monks but himself had first done it of himself and the vigor that the Pope added to it was rather a fortifying of it with a curse against robbers and spoilers then an enlargement of the validity thereof as quicking thereby a livelesse body For so likewise may the Popes own authority be disputable insomuch as he also required the generall Synod then holden at Rome Anno 965. as Malmsbur saith to confirm it But the fashion of those times was that secular Princes sought sometimes to have their temporall Laws confirmed by the Pope with a curse against the breakers thereof as did Howell Dhae for those his Laws of Wales and in like manner was it usuall for Councels and Synods to seek the confirmation of their Canons from temporall Princes as did that of Orleans before spoken of from Clodoveus and the Councell of Toledo from Euricus who made a speciall Law for establishing it as you may see in the Laws of the Wisegothes l. 12. tit 1. ca. 3. ut sic gladius gladium adjuvaret It may be objected that Edgar being the great King of this whole Isle for he styled himself totius Albionis basileus might usurp upon the Church and doe these things rather in the will of a Prince then by just authority It is manifest partly by that which I said before but plentifully by his Charters that the Clergy of that time were so far from denying or repining at this his jurisdiction that they affirmed and subscribed unto it as appeareth in his Charters And how large soever his Dominion was his humility was as great for though in matters of government he carried himself as the head Officer of the Church yet in matters of faith he was so obedient that to expiate his incontinency with a Nun he threw himself at the feet of Dunstan his Bishop submitted himself to seven years penance and presumed not to be consecrated till the 14. year of his reign But these things were no novelties either in the person of Edgar or in the Princes of those ages for the minor Kings themselves within the orbs of their own Dominion used the like jurisdiction as you may perceive by those cited by Edgar in the Charter of Glastenberry and by many other in particular Charters of their own Yea the Kings of Mercia that were but vassals and underlings to the Kings of West-Saxony within the limits of their little Kingdome used the same plenitude of authority as appeareth by the Charter of Kenulphus who lived about the year 850. made to the Abbot of Abingdon wherein he saith Sit autem prae-dict ' rus liberum ab omni regali obstaculo Episcopali jure in sempiternum aevum ut habitantes ejus nullius regis aut ministrorum suorum Episcopive aut suorum officialium jugo deprimantur sed in omnibus rerum eventibus as defensionibus causarum Abbatis Abbindenensis Monasterii de caetero subjiciantur Term. Trinitat 1 H. 7. f. 18. b. And it is there said by the Judges fol. seq b. that many Abbeys in England had larger words then these in the Kings Charter as Omnimoda justitia quicquid regales potestates conferri possunt To leave the Saxon Kings and to come to the Normans that we may see by what channell this fluent of authority hath been deduced to his Majesty Lanfranc Archbishop of Canterbury in the Conquerours time would have given the Abbotship of S. Augustines but the new King saith the book i. William the Conquerour did deny it saying that he would conferre all Pastorall Staves in his Realm and would not conferre that power to any whatsoever Govern you saith he that which appertaineth to faith and Christianity among the Monks but for their outward service you shall let me alone with that You see here that the King doth not in covert manner or by little and little creep into Ecclesiasticall jurisdiction but with an absolute resolution whilest he yet stood as it were but upon the threshold of his Kingdome and might justly fear some notable transmutation in
of the book I could never yet finde thoughe it be mentioned by severall Authors Bale Hollinshead and lately by Sir Richard Baker in his history It seemes to have bin written after the Kings breach with the Pope his marriage with Anne Bolen and the birth of Queen Elizabeth as I conjecture by circumstances His purpose was chiefly bent against the Monasteries who had unjustly gotten so many Parsonages into their possessions It is much desired that if any man have the rest of the book that he would please to communicate the copy that hereafter as occasion serves it may be published compleatly together with some other things of this argument that the learned Knight hath committed to my charge but by reason of the present troubles I cannot now attend to prepare them for the Presse As for Sir Francis Bigott himselfe he was found afterwards active in the troubles of Yorkshire that happened in 28. H. 8. and being apprehended among others was put to death 29. H. 8. as our common Chronicles doe report Baleus saith of him Franciscus Bigott ex Eboracensi patria auratus eques homo natalium splendore nobilis ac doctus evangelicae veritatis amator Scripsit contra clerum De Impropriaribus lib. 1. Quosdam item latinos libros anglicanos reddidit inter seditiosos tandem anno Domini 1537 invito tamen eo repertus eadem cum illis indigna morte periit To the right Reverend Fathers and Brethren the Bishops and Ministers of Scotland I Have caused this little Treatise right reverend and beloved in the Lord Jesus to be printed againe in North-Britaine for many causes first because I was informed that there came forth but a few copies at the first printing thereof in South-Britaine Againe I hope this doing will incite that worthy Knight the Authour thereof quicklier to send out the greater worke which he promiseth of that same argument but principally to incite you whom these matters most nearely doe concerne to look into them more advisedly then as yet ye have done it was a private occasion as that worshipfull Gentleman sheweth that led him to this writing You have a publique whereof it is pitty you are so little moved who seeth not the state of the Church of Scotland as concerning the patrimony to go daily from worse to worse Sacrilege and Simony have so prevailed that it beginneth to be doubted of many whether there be any such sinnes forbidden by God and condemned in his Word Neither can you deny the cause of this evill for the most part to have flowed from your selves your selling and making away of the Church rights without any conscience the buying and bartering of benifices with your shamelesse and slavish courting of corrupt patrones hath made the world thinke that things Ecclesiasticall are of the nature of Temporall things which may be done away at your pleasures and where at the first it was meere worldlinesse that led men on those courses now a great many to outface conscience and delude all reproofes they stand not to defend that Lands Tithes yea whatsoever belonged to the Church in former ages may lawfully be alienated by you and possessed by seculars which opinion must either be taken out of the mindes of men or need you not looke to have these wicked facts in this kinde unreformed to this end should all Ecclesiasticall men labour to informe themselves as well by the Word as by the writings of Ancients and Constitutions of Councels touching the right and lawfulnesse of ecclesiasticall things that when they are perswaded themselves of the truth they may the more effectualy teach others There is no impiety against which it is more requisite you set your selves in this time for besides the abounding of this sinne and the judgement of God upon the land for the same who doth not foresee in the continuance of this course the assured ruine and decay of true Religion Of all persecutions intended against the Church the Julian was ever held to be the most dangerous for occidere presbyteros is nothing so hurtfull as occidere presbyterium When men are taken away there is yet hope that others will be raised up in their places but if the meanes of maintenance be taken away there followeth the decay of the profession it selfe Men doe not apply themselves commonly to Callings for which no rewards are appointed and say that some have done it in our dayes some out of zeale and some out of heat of contention yet in after-times it is not like to continue so neither let any man tell me that a Minister should have other ends proposed to him then worldly maintenance I know that to be truth yet as our Lord in the Gospel hoc etiam oportet facere Et illud non omittere Speaking of payment of tithes to the Pharisees It behoveth them saith he to be paid if not it is not to be expected that men will follow the Calling To rest upon the benevolence of the people as it is a beggarly thing and not belonging to the dignity of the Ministery so the first maintainers of that conceit have found the charity of this kinde so cold that they will not any more stand by their good-wills to this allowance Therefore it lieth upon you to foresee the estate of your Church and either in this point of maintenance to provide that it may be competent and assured else looke not for any thing but ignorance and basenesse and all manner of mischiefes which flow from these to invade the whole Kingdome How a competency may be provided except by restoring the Church to her rights I doe not see and what this right is if I should stand to define and justifie it here I should exceed the bounds of an Epistle Many of this time have cleared the point sufficiently And if any scruple be remaining the worthy Authour I hope will remove it in the greater worke we expect whose judgement and dexterity in handling the argument may be perceived by this his little pinnace It should shame us of our calling to come behinde men of his place either in knowledge or zeale His example who is nothing obliged to labour in these points as you are shall doe much I trust with you for the time to come Should any look carefuller to the Vineyard then the keepers or should any out-goe the servants of the house in diligence Repent therefore and amend your owne negligence in this behalfe and call upon others for amendment whilest you have time Thinke it not a light sin to spoile Gods inheritance and if we look for heaven let us be faithfull to our Lord here on earth I beseech God to give us all wisdome and keep us in minde of that strict account that we must one day give for all our doings and chiefly these which concerne the Church which is his body Amen I thought good not to omit this Epistle to the Clergy of Scotland prefixed before this edition at Edenborough