to the naturall condition of those times as sacrifice and first-fruits which though they rose out of the law of Nature as touching the common end of being offered by way of thanksgiving unto God yet in that they were also types and figures full of ceremony they became temporall and thereby transitory For the children of Adam finding themselves in the wrath of God and their flesh bloud body and life to be altogether corrupted and accursed by the transgression of their father they sought by all invention possible to help it as far as nature could and therefore both to expresse the present estate of their miserable condition and the mark also they aimed at for redemption in time to come they held it as a necessary correspondency that flesh should be redeemed with flesh bloud with bloud life with life the guilty body with a guiltlesse body and to be short the trespasse and corruption of man by the innocency of some sanctified creature offered unto God for remission of sin And because nothing under the sun could be offered up but it also was full of corruption and that nothing could be acceptable unto God that was impure therefore though they chose the cleanest and perfectest beasts and things for these offerings and sacrifices and purged and sanctified them by all manner of means they could yet they devised further to sever the purer and aeriall part thereof from the grosse and earthly consuming the one that is to say the flesh and the bones as the body of sin and corruption with the deserved torment of fire and sending the other that is the fume and vapour as the purer part to carry their prayers and invocations up into heaven before the Throne of God First how corruptible they were that is even like the great body of a bullock suddainly consumed Secondly the punishment in justice due unto them even the torment of fire Thirdly the place and person from whence they hoped for redemption Heaven and Almighty God And lastly the means whereby they were to attain it taken from two of the proprieties of fire light and heat that is first the light of faith whereby they long foresaw the promised seed and secondly the heat of zeal and hearty prayer breathed and sent forth from the altar of a fervent heart whereby they hoped to obtain remission of their sins After all this they yet considering further that the corruption and wrath fallen upon them was perpetuall and that these oblations and sacrifices were but temporall and momentary they thought in reason being onely under the law of Reason that the one could not countervail the other and that therefore it was necessary by continuall reiteration and multiplying of sacrifices to sollicite and importune God from day to day untill the time came that a perpetuall sacrifice might be offered up to make finalem concordiam in the high Court of heaven a full atonement betweene God and man which being once accomplished by our Saviour Christ both the institution and the end of sacrificing were wholly accomplished and so no cause for ever after to use that ceremony any more For with one offering saith the Apostle to the Hebrews hath he consecrated for ever them that are sanctified Heb. 10. 14. Touching Circumcision though it were before the Leviticall Law yet it rise not out of the Law of Nature or Morall Law but was instituted by a positive constitution made by God himself and not as a part of his worship but as a seal of his Covenant with Abraham which by this ceremony of cutting away the impurer part of the flesh did put the children of Israel ever in mind to cast away carnall affections and to hope for the promised Messias that should cleanse them from the impurity of sin and restore them again to the favour of God which being performed by our Saviour the Covenant was fulfilled and the seal of Circumcision presently thereby defaced § 2. Of the Sabbath day Easter and Pentecost The Institution of the Sabbath day had in it much more Levitical ceremony then the matter of tithing for no man ought to kindle a fire on that day nor dresse the meat he should eat nor carry any burden take a journey or stir out of the place he was in Tarry every man in his place let no man goe out of his place the seventh day Exod. 16. 29. It was besides a day appointed for divers particular ceremonies sacrifices and offerings as yee may read Num. 28. 9 10. and amongst other significations to be a memoriall of the great deliverance out of Aegypt a thing peculiar to the Jews Neither have we any commandement but only a precedent for the keeping of it from the Apostles Acts 20. 9. 1 Cor. 16. 2. Rev. 1. 10. Yet durst never any man say that the Sabbath was therefore to be abolished but the temporall and ceremoniall parts thereof being taken away the morall use of the commandement which is that the seventh part of our time must be dedicate to the generall service of God remaineth for ever to the worlds end for otherwise our Sabbath is so remote from the Sabbath commanded in the Decalogue that the one holdeth almost no affinity with the other as appeareth in the points aforesaid and for that their Sabbath was the last day of the week ours is the first their 's was in celebration of the end of his workes ours in celebration of the beginning thereof for in the first day were the Elements the Angels c. made August Tom. 10. fol. 250. Theirs in memory of the Creation of the world ours of the Redemption that Christ rise from the dead the first day of the week And though the Apostles taught us by example to exchange the Jewish Sabbath for this of ours as touching the publique meeting on the first day of the week for setting forth the glory of God yet they gave us no commandement to abstain from work on that day but the Church decreed saith S. Augustine that all the honour of the Jewish Sabbath should be transferred to the Christian loco dicto and is done upon the Morall reason of the commandement not the Leviticall So likewise in tithing cut off those parts that were temporall and ceremoniall which as I have shewed were neither in the payment nor in the receiving of them but in the manner of sanctifying and employment of part of them after the Levites were possessed of them and then that which remaineth namely the payment and receiving of them for maintenance of the service of God remaineth for ever as a part of the Morall Law and common equity So touching Easter Christ our Passeover was sacrificed for us 1 Cor. 5. 7. and thereby the end of Institution accomplished how come we then to continue it especially having neither commandement nor precedent thereof from the Apostles The Ceremoniall part of the Paschall feast viz. the Leviticall Lamb the Purification precedent c. are abolished with the Law
Charters and Acts of Parliament are extant in the first Tome of our Councels by this Authour and many are also mentioned by the learned Selden in his History Now when Churches are built and grants of lands tithes and oblations are freely given by great Kings confirmed by severall Acts of Parliament oftentimes renued and reiterated as by the great Charter thirty times confirmed and many other Statutes since as also by the Text and body of the Common Law which doth affirm Tithes to be due Jure divino as is asserted by that ever honourable Judge and Oracle of Law the Lord Coke in the second part of his Reports Dismes sont choses spirituels due de jure divino Being thus setled and confirmed and thereby becomming fundamentall Laws of the Kingdome they may and ought to be enjoyed peaceably without grudging or repining alienation or spoil without casting an evill eye upon Gods allowance and because he hath given the floure of wheat to make bread for his Sanctuary whereof God himself giveth charge in the last vision of Ezekiel contained in the last four chapters where he appointeth a third part of the land to be set forth for his Temple Priests and servants besides the portions for the Prince and for the people which vision for performance concerneth the Christian Church and was never fulfilled in the Jewish State as this Author and many others doe shew and there God doth especially forbid alienation selling or exchanging of his Temples portion as being most holy unto the Lord Ezek. 48. 14. It concerns us therefore that live in these times of the Christian Church when we see the ancient prophesie fulfilled by Kings and Princes in giving much to the Church to preserve Gods portion entire without alienation spoil or violence The Primitive times of the Church as this Authour sheweth ch 6. as had not been since the very Creation times wherein God opened the windows of persecution and rained bloud upon his Church as hee did water upon the world in the days of Noah during the ten grievous persecutions in the first 300. years after Christ so that no man must expect then to finde setled Lawes for Tithes Lands or maintenance of the Clergy when the Emperors and Magistrates were Heathens persecuting the Church and made many furious edicts for rasing and ruinating of Churches which had been built by Christians in some times of intermission as appears by Eusebius when hee comes to the times of Dioclesian Every good Christian and almost every Clergy-man lost his life for religion no man did care or expect for preferment maintenance or dignity save onely the crown of martyrdome which many thousands did obtain The Church saith this Author did all that while expose the dugs of her piety unto others but did live her self on thistles and thorns in great want oftentimes necessity and professed poverty Now those men that would reform all according to the pattern of the Primitive Church and the Apostolicall times do not consider that the Clergy must be reduced again to the same condition of poverty want and misery as formerly they were if the pious and charitable gifts and donations of Kings and Nobles in the ages next succeeding the persecutions should be taken away and the ancient patrimony of Tithes abated or subverted by the worldly and covetous practices of them that esteem gaine to be godlinesse The kytes of Satan as this Author tearmeth them have already pulled away many a plume from the Church in severall ages yet thanks be to God there be some feathers left to keep her from shame and nakednesse if the sacrilegious humour of the times prevail not against her And there is the more reason to hope and expect that we may enjoy our portion and tithes quietly because we have so much lesse then the old Priests and Levites received from the people for they had severall tithes and oblations for themselves for the feasts and for the poor wherein they did share in a far greater proportion then is now required by the Clergy of the Gospel The learned Scaliger Selden and many others do prove apparently by instance of particulars that the Israelites did pay out of their increase of corn much more then a tenth even almost a fifth part for severall tithes and duties then commanded to them I will recite Mr Seldens example History ca. 2. § 4. The Husband-mā had growing 6000 Bushels in one year 100 Bushels was the least that could be paid by the husband-man to the Priests for the first-fruits of the threshing floore 5900 Bushels remained to the husband-man out of which he paid two tithes 590 Bushels were the first Tithe paid to the Levites 59 Bushels the Levites paid the Priests which was called the Tithe of the Tithes 5310 Bushels remained to the husband-man out of which he paid his second Tithe 531 Bushels were the second Tithe 4779 Bushels remained to the husband-man as his own all being paid 1121 Bushels are the sum of both Tithes joyned together which is above a sixt part of the whole namely nineteen out of an hundred So that of sixe thousand bushels the Levites had in all 1063. whole to themselves the Priests 159 and the husband-man onely 4779. He yearly thus paid more then a sixt part of his increase besides first-fruits almost a fifth many of no small name grossely skip in reckoning these kindes of their Tithes saith Mr Selden Observe how much faith Chrysostome speaking of the great maintenance of the Levites the Jews gave to their Priests and Levites as tenths first-fruits then tenths again then other tenths and again other thirtieths and the sicle and yet no man said they eat or had too much The Rabbins also reckon 24. gifts to the Priesthood according as they are set down both by Rabbi Bechai and R. Chaskoni on Numb 18. and so Jarchi on Gen. 29. 34. and in Talmud in the Massech Cholin 133. f. 2. pag. in this order i. The twenty four gifts of the Priesthood were given to the Priests twelve at Jerusalem and twelve in the borders the twelve that were given in Jerusalem are these the sin-offering the trespasse-offering the peace-offerings of the Congregation the skins of the holy things the shew-bread the two loaves the omer or sheaf the remainder of the meat-offerings the residue of the log or pinte of oyle for the Leper the oblation of the thanksgiving the oblation of the peace-offering the oblation of the Ramme of the Nazarite And these following are the twelve that were given in the borders the great heave-offering the heave-offering or oblation of the tithe the cake the first-fruits the first of the fleece the shoulder the two cheeks and the maw the first-born of man the first-born of the clean beast the firstling of the Asse the dedications or vows the field of possession the robbery of the stranger Lev. 6. 5. Numb 5. 7 8. These are the 24. gifts that belonged to the Priesthood
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
into it what his dignity is how he came by it how much he needeth and for what cause he needeth it We must not therefore deal alike with them which were pincht and hardly brought up in their infancy and with them who being nourished delicately and plentifully are now fallen into necessiâ—y Neither must we minister the same things to men and to women nor like quantity to old men and young men nor to sickly young men that are not able to earn their living and those 〈◊〉 have somwhat of their own to maintain themselves withall It must also be considered whether they have many children and whether those children be idle or industrious and how far forth they are insufficient to provide for themselves to bee short there is great wisdome required in him that would well dispose the Revenues of the Church and that by being a faithfull and discreet disposer hee may become an happy man Thus far Origen to which purpose Cyprian also in his Epistle to Eucratius lib. 1. Epist. 10. sheweth that the Church maintained many poor and that her own diet was frugalioribus innocentibus cibis sparing and plain and all her expence sumptibus parcioribus quidem sed salutaribus full of frugality but sufficient for health The persons by whom this distribution of Church goods was made were chiefly the Bishops as appeareth by the former Epistle of Vrbane and Deacons appointed under them as in the times of the Apostles Acts â— Therefore Origen in his 16. Homily upon Matthew fol. 31. col 4. taxing the unfaithfull Deacons saith Diaconi autem c. But the Deacons which govern not well the tables of the Ecclesiasticall money that is the goods and Revenues of the Church but doe always purloin them not distributing that which they give according unto judgement and so become rich by that which belongeth unto the poor they are the Exchangers whose Tables Christ will overthrow For the Apostles in their Acts teach us that the Deacons are Governours of the Tables of Ecclesiasticall moneys or Revenues c. and again after unusquisque diaconorum Every one of the Deacons which gather wealth to themselves by defrauding the poor let them now so understand this Scripture that they gather no more lest the Lord commeth upon them and overthrow the Tables of their distribution Thus much touching the use of Church goods in the first age of the Church or first 300. yeers of Christ whereby it plainly appeareth that no Ecclesiasticall person enjoyed any thing belonging to the Church to his own benefit but that the Church-men had out of the Revenues and goods of the Church so much onely as sufficed for their necessary maintenance in meat drink cloth and such like the surplusage being faithfully employed to the relief of the poor the needy the widows persons banished for Religion or imprisoned Captives and Christians any way distressed So that the Church exposing all this while the dugs of her piety unto others did live her self on thistles and thorns that is in want necessity and professed poverty When the flood of persecution had prevailed as many years against the Church in the time of the Gospel as that of waters did days against the wicked in the time of Noah and that Constantine like the Dove of the Ark had brought the olive branch of peace unto the people of God the Church then began to smell the sweet savour of rest and changing presently her disposition with her fortune changed also the very policy of her government before in poverty now in riches before a servant now a Mistresse before a Captive now a Conquerour For the noble Constantine being miraculously converted to the faith did not onely free her from persecution but setled her also in the very bosome of peace raised her to honours endowed her with possessions established her with immunities and to be short poured upon her the fulnesse of his regall munificence Insomuch that many prudent Fathers foreseeing then another evill likely to proceed from hence as namely that her plenty might make her wanton and forgetfull of her duty began now to dispute whether it were lawfull for her to accept lands and Temporalties or not Some alledged that the examples of our Saviour and his Apostles bound them to contemn the world and to live in a strict and Stoick kind of poverty Others conceived that course to be but temporall and like a medicinall diet prescribed by Physitians to their patients in sicknesse onely not in health affirming the time to be now come when it pleased God to crown the long-suffering of his Church with the blessings promised in the tenth of Mark v. 29. 31. That since they had forsaken house and brethren and sisters and father and mother and wife and children and lands for Christs sake and the Gospel they should receive an hundred fold now at this present with their persecutions and in the world to come eternall life I will not argue this point but letting passe the School-men will rest my self upon the determination of many ancient Councels Fathers and Doctors of the Church who with one consent conclude affirmatively that the Church may hold them And I think their opinion to be of God for that it hath prevailed these 1500. years against all the enemies thereof though the Kytes of Satan have pulled many a plume from it To return to Constantine though he and others by his example did abundantly enrich the Church yet did not the Church-men take these riches to the benefit of themselves and their families but employed them as before to workes of charity Yea Silvester himselfe though the sea of these things flowed into his bosome and were at his pleasure yet took he as sparingly of them as if he had been but a little pitcher suffering the whole streams thereof to run abundantly amongst the children of the church and poor people as did also the other Fathers Priests and Clergy of that time who reckoned not otherwise of riches then as dung which being spread and scattered in the fields of God might make them the more fertile For the resolution then was as in the age before that no Church-man might take Lands to his private use nor the Church her self otherwise then for works of charity and the necessary sustenance of her Ministers not to make stocks or portions for them in earth whose inheritance was in heaven and that had God himself fortheir portion Therefore Prosper a godly Father of that time whose authority is often used in the Councel of Aquisgrane disputing the point concludeth it thus If every Minister of the Church have not a Living the Church doth not provide one for him in this world but helpeth him with things necessary that he may receive the reward of his labour in the world to come resting in this life upon the promise of our Saviour To which purpose he applieth the place in the 1 Cor. 9. 14. What is it to live of the
adding further that it was manifest that the Bishops and Priests did divide it to the Deacons and the rest of the Clerks And though the Greek copy in this place calleth not these fruits 〈◊〉 Tithes yet the Canon seemeth to bee meant thereof for other fruit none was to be carried to the house of the Bishop or to bee divided amongst the Priests and the Deacons save offerings tithes and first-fruits therefore the old Translation of the Canons out of Zonaras expresseth it tithe and first-fruits And this fashion here received of sending these things to the house of the Bishop and his dividing of them among the Priests and Deacons sheweth the great antiquity of this Canon for it appeareth that the first usage was so and that the Ministers had menstruam sportulam every month a basket of the offerings and tithes for their maintenance whereupon they were called Clerici sportulantes i. basket Clerks Vid. Cyprian Epist. 34. 66. Baron anno Ch. 57. Num. 72. 145. anno 58. Num. 89. And the people then offered accustomably to the Altar and for the maintenance of the Priests Concilium Agrippinense cap. 6. Anno 356. first decreeth that Tithes shall be called Dei Census Gods rent and reciting that the third part thereof as was declared in the Toletan Councell belonged to the Bishops yet according to the Roman use they agreed to take but every year the fourth part which upon excommunication they commanded to be paid Burchand lib. 3. ca. 135. Concil Romanum 4. sub Damaso about the year 375. amongst the Decrees thereof it is ordained ut decimae atque primitiâ— Ã fidelibus darentur qui detrectant anathemate feriantur that tithes and first-fruits should be paid by the faithful Concil Aurelianense 1. sub Symmacho An. 507. Can. 17. decreeth that the Bishops shal have every year the fourth part or every fourth year the whole tithe Tom. 2. Con. Concilium Tarraconense sub Hormisda An. 517. Can. 8. juxta Burchandum 9. juxta Bin. saith that it was an Order antiquae consuetudinis that the Bishop should have the third part of all things yeerly and therefore willed it still to be kept Burchard lib. 3. Ca. 33. Bin. Tom. 2. Conc. Concilium Mediomatricis Anno willeth the Bishops to reprove prohibeant them that would not pay Tithe without some reward be given them Bur. l. 3. C. 134. Concilium Toletanum Anno 533. divideth all Church rights into two sorts of oblations one to be those that are offered i. e. given to the Parish Churches as Lands Vineyards bond-men c. and willeth that these should be wholly in the ordering of the Bishops The other to be those of the Altar whereof it commanded â—â—e third part to be carried to the Bishop and two parts to be for the Clerks And of Tithes it saith that according to some the third part yearly or every third year the whole was so paid But that they following the manner of the Roman Church decreed that the Bishops should have every year the fourth part or every fourth year the whole tithe Burchard lib. 3. C. 136. Bin. paulo aliter Tom. 1. In a collection of Canons of an uncertain Author in the Vatican Library this is attributed to Sylvester who was Bishop of Rome 315. Binnius in a note upon this Canon somewhat differeth in words Concilium Matisconense 2. sub Pelagio 2. Anno 588. affirmeth Tithes to be due by the Laws of God that the whole multitude of Christians kept those Laws very warily of long time that by little and little they were in those days almost wholly neglected And this Councell decreeth that the ancient usage of the faithfull should bee revived and that all the people should bring in their Tithes to them that ministred the ceremonies of the Church c. otherwise to bee excommunicated Tom. 2. Con. Concilium Hispalense sub Gregorio 1. Anno 590. concludeth thus That if any mantithe not all these things viz. before named he is a spoiler of God a thief and a robber and the cursings that God put upon Cain for his deceitfull dividing are cast likewise upon him Ivo p. 2. 174. Tom. 2. Concil Concil Valentinum sub Leone 4. Anno 858. ca. 10. That all faithfull men should with all readinesse offer their ninths and tithes to God of all that they possesse c. upon perill of excommunication Tom. 3. Con. Concil Rothoma cap. 3. nameth particularly what ought to be tithed and commandeth to doe it upon pain of excommunication Burchard li. 3. ca. 130. and annexeth the Councell Mogunt ca. 38. Concil Cavallon ca 18. Anno 8â—3 That Bishops Abbots and religious persons should pay them to Churches out of their possessions and families where they baptized and received Burch lib. 3. ca. 132. And Concil Cavallon c. 1. decreeth that all Churches with their whole livings and tithes should bee wholly in the power of the Bishops and to be ordered â—â—d disposed by him Burchard lib. 3. ca. 146. Concil Moguntin 1. ca. 8. recited by Burchard who lived about 6â—0 years since saith that Abraham by his action and Jacob by his promise declared unto us that tithe was to be given to God The Law hath since confirmed it and all the holy Doctors are mindfull of it c. Hereof the venerable Doctor Saint Augustine saith Tithes are required as a debt What if God should say quoth he thy self a man art mine and so forth as followeth in that Sermon of his that hereafter we exhibit The Councell proceedeth further shewing reasons why Tithes should be paid That if the Jews were so carefull in executing this commandement as they would not omit it in the least things mint and rue c. as our Saviour testifieth how much more ought the people of the Gospel to perform it that hath a greater number of Priests and a more sincere manner of Sacraments They are therefore to be given unto God that being better pleased with this devotion he may give more liberally the things we have need of That this kind of maintenance is fittest for the Clergy that they otherwise be not troubled with worldly businesse but may attend their calling That the daily offerings of the people and that Tithes are to be divided into four parts according to the Canons The first to the Bishop another to the Minister or Priest Clericorum the third to the poor the fourth to repairing of Churches Burchard li. 3. c. 133. Concil Moguntin 1. cap. 10. tempore Appae 4. 4. Lothar Imp. Anno 847. sub Rabano Archiepiscopo qui scribit Ludovico This Councell admonisheth men to pay their Tithe carefully because God himself appointed it to be paid to himself And that it is to be feared that if any man take Gods right from him God for his sins will take things necessary from him also Tom. 3. Conc. Roman Conâ—il 5. Anno 1078. Tom. 3. saith that Lay-men upon pain of sacriledge excommunication and damnation
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
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