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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

but the number of 10. is also respectively chosen * Multis aliis atque aliis numerorum formis quaedam similitudinum in libris sanctis seponuntur quae propter imperitiam numerorū legentibus clausa sunt De doctri Christ lib. 2. 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 Α 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 Be Abraham Patriarch l. 2. 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 Mat. 22.21 that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ι 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 Xs 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 cypher ο 1 signifieth the same that Alpha doth in Greek that is one The cypher ο 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 Α and Ω. As Α 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 ο 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 ο 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

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 Knight and others With an Alphabeticall Table MAL. iii. 10. 12. Bring ye all the Tithes into the store-house that there may be meat in mine house and prove me now herewith saith the Lord of Hosts if I will not open you the windows of Heaven and poure you out a blessing that there shall not be room enough to receive it ROM ii 22. Thou that abhorrest idols dost thou commit Sacriledge LONDON Printed for Philemon Stephens at the gilded Lion in Pauls Church-yard The names of the severall Treatises are these 1. The Larger Book of Tithes 2. An Apologie of the Treatise De non temerandis Ecclesiis 3. An Epistle to Mr. Richard Carew concerning Tithes 4. A Treatise of Impropriations by Sr. Francis Bigot Knight of Yorkshire 5. An Epistle to the Church of Scotland prefixed to the second edition of the first Treatise printed at Edenburgh 6. A Resolution of a doubt touching the alienation of Tithes To the Enemies of TITHES BOoks are not written for such as making their Will and their Power the measure of their actions esteeme nothing unlawfull but what is unpossible but for those that desire to act as rational Creatures and will suffer themselves to be led by Religion and Reason And such I doubt not there be many even amongst those which now finde fault with the Ministers portion Men that drive not on their designes for private ends but conceiving Tithes to be either Jewish Antichristian or Inconvenient think they shall do God and the Church good service by seeking the abolishment of this and the establishment of some other maintenance for the Minister Let these consider that our Saviour foretold his Disciples that the time would come that whosoever should kill them would think they did God service John 16.2 and learn thence that it is possible for them also to be mistaken in their present opinion and therefore before they proceed any further let them take but this Book in hand and peruse it well without passion or prejudice and I am confident that they will find their objections answered their judgements rectified and their resolutions turned the other way and as David blessed God for sending Abigail to cool his rage and keep him from his revengefull purpose so they will blesse him for this worthy Knight that so happily met them in their Carreire and stopped them from running into that which I know they abhorre the guilt at least the suspicion of Sacriledge Such effects as ye shall * Epist to the Reader p. 21. read his learned works have wrought already yea farre greater For it is harder to perswade men to restore what they actually possess then to forbear seeking what they never had Let those that preferr a good Conscience before a great estate reade also that most judicious piece of Sr. Henry Spelman which hath here an Apologie though indeed it needed none De non temerandis Ecclesiis God in mercy blesse these and the labours of other his servants for the maintenance of his Church and the advancement of his glory Reader THat the Table may be more readily used write the the number of every page of the Preface with thy pen it being omitted by the Author which is likewise to be done in Sr. Henry Spelmans Apology His Epistle to Mr. Carew Sr. Francis Bigot's Epistle to King Henry the Eighth and and the Epistle of Mr. Knox. A Table of the Principall matters contained in the ensuing Tracts wherein St. signifieth Mr. Stephens Preface Sp. Sr. Henry Spelmans Treatise Ap. his Apologie Ep. his Epistle to Mr. Carew B. Sr. Francis Bigod's Preface to Henry the eighth Sc. The Epistles to the Scottish Clergy R. The Resolution of a doubt concerning the alienation of Tithes Introd Sr. H. Spelmans Introduction A ABingdon Abbay its Charter Sp. 185 Abuse of things taketh not away the use of them Sp. 84 Alienation of Church-means unlawfull St. 7. See Sacriledge and Appropriations Almes See Charity Offerings and Poor Alured See Kings Ambrose mistaken in the time when Jereremie lived Sp. 96. His slout and pious repulse of the Emperours demand Sp. 139 Anabaptists their wild principles and practices R. 3 4. See Tythes Anointing of Kings signifieth their spirituall jurisdiction Sp. 176 Apostles maintenance what it was Sp. 13. c. Why they resused what they knew belonged unto them Sp. 52. c. How carefull they were of the poor Sp. 13 Necessitie forced them to admit and omit what they otherwise would not Sp. 48 c. Their peregrinations Sp. 53 54 Approprietaries cannot by right grant their estate to others Sp. 160 Appropriations against the Word of God B. 3 Their originall Sp. 151 c. What difference between Appropriations and Impropriations Sp. 152. Whether Tythes and Appropriations belonged to Monasteries or not Sp. 163. In what sort they were granted to the King Sp. 164. and to what end Sp. 165. He ought not to have taken them Sp. 167 The Statute that transferred them seemeth to have been passed in hast Sp. 170 Ep. 2 c. How Bishops came to passe the Bill for them Sp. 156. Ep. 2. None properly capable of them but Spirituall men Sp. 159. The King may better hold them then any of his Lay-subiects Sp. 154 155. Though in the hands of Lay-men they continue still Spirituall livings Sp. 154 157. They that have them are bound if they will not be guiltie of the bloud of souls to restore them Sp. 169. Sr. H. Spelman's confidence that ere long they shall be restored Sp. 171. The number of Appropriations in England Ap. 16 Aristotle's iudgement concerning Tithes Sp. 120 B BAcchus gave first-fruits to Jupiter Sp. 108 Barbarous nations longer retain antient customs and naturall notions then those that are civilized Sp. 124 Battail-Abbay how largely priviledged Sp. 186 Bede commended Ap. 12 Benefactours Three things due to them Introd Benevolence of the people an unfit maintenance for the Minister Sp. 55 56. Sc. 3 Sr. Francis Bigot B. 5 Bishops when first ordained Sp. 50. What part of the Tithes was antiently allotted them Sp. 88-92 Of old Bishops were ioynt Magistrates with Earls in England Sp. 41.131 Boldness no sure signe of a good cause R. 19 C 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sp. 20 Mr. Richard Carew Ap. 5. Ep. 1 The Cartheginians smarted for neglecting to send Tithes to Hercules Sp. 124. They used to sacrifice their children to Saturn Sp. 125 Ceremonies why not all at once abolished by the Apostles Sp. 48 The Charitie of antient Christians Sp. 13 c. With what discretion we should guide our Charity Sp. 22 Christians of old how zealous in building and endowing of Churches St. 6 Christs zeal wherein especially shewen St. 16 Which his greatest miracle ibid. How frugally he maintained himself and his followers Sp. 11.

ceremonies and therefore ended with the Leviticall Law These men reason as if before the Leviticall Law there had been no rules of Gods honour and as though the Morall Law and the Law of nature taught us nothing therein Doth not God himself leave the precepts of the Leviticall Law and reason with the Israelites out of the Law of nature Mal. 3. when he saith will any man spoil his goddesse as if he should say that the Law of nature hath sanctified those things that are offered unto God and therefore will any man violate the Law of nature Doth not Saint Paul reason also in the same sort when he saith Despise ye the Church of God 1 Cor. 11.22 If I should apply the places of Scripture that are spoken of the great reverence of the Temple it would be said that that were Leviticall but the office of the Temple was Morall as well as Leviticall and therefore though these be ended yet the other the Morall remaineth When Christ had cast the oxen doves that were for the Leviticall service out of the Temple yet he said that it was an house of Prayer as figurating that after the ceremonies were ended and gone yet the Morall office of the Temple to be an house of Prayer still remained Saint Paul 1 Cor. 11.22 when he saith Despise yee the Church of God speaking it as if he wondred that any should be so irreligious or rather sacrilegious to despise the Church and no man I think doubteth but that this was spoken of the materiall Church for he blameth them that did use unseemly drinking in the Church See the first Treatise Note of the rights and respect due § 10. Of the three severall places and three functions of the Temple and how the last continueth holy for Prayer Doctrine and instruction of the people which therefore had in it no Ceremoniall implement at all CAP. XVIII Tithes must not be contemned because they were used by the Church of Rome IF we should reject Tithes because 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 Hugo 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 wherear 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 Heroules laughing to see effeminate Baccbus clad in the Lions skin In Ranis 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 Decimas nupeius extortas per papas Catal test ter primo impositas in Concil per Pelagium Papam Anno 588. 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

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 Tom. Con. pag. 44. 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 For the Sheriffe and Bishops were in those days the Kings Justices in every County and all matters were heard and decided before them Note 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 of our English Councels wherein not onely these Laws mentioned are recited but also many other Laws and Constitutions concerning Tithes by other Kings and Parliaments of that age It would have been an easie matter to have inserted them at large here being there set down in order of time successively but because I am unwilling to add any thing or alter in the text of his discourse and that the Tome of the Councels is obvious to every mans perusall I will onely adde some brief references to them as also to M. Selden in the eight chap. of his History who hath recited them all and some more then are here mentioned From both these learned Lawyers the studious Reader may be abundantly satisfied especially when the second Tome of the Synods shall be extant there will be full testimony of our own Laws to confirm this truth for 500. years after the Conquest as these are for 500. years before it When Gregory the great sent Augustine about the year 600. Chr. assisted with 40. Preachers to publish the Gospel to our forefathers in England it is testified by the Laws of Edward the Confessor among other things that he preached and commanded Tithes to be paid Haec beatus Augustinus praedicavit docuit haec concessa sunt à Rege Baronibus populo sed postea instinctu diaboli multi eam detinuerunt c. and all this was confirmed by the King and his Barons and the people Tom. 1. Concil Brit. pag. 619. § 8 9. Egbert Archbishop of York brother to Eadbert King of Northumberland published Canons about the yeare 750. which did binde all the Northern parts and Scotland in those days wherein he directeth all Ministers to

contrary ad vos spectat scil Ecclesiasticos give me leave to defend that worthy man 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 the Monks and that his wife Aelfthryth shall look to the 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 quàm 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 quickning 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 praedict ' 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 ac 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