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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A81692	A defence and vindication of the right of tithes, against sundry late scandalous pamphlets: shewing, the lawfullnesse of them, and the just remedy in law for them, as well in London as elsewhere. / Penned by a friend to the Church of England, and a lover of truth and peace.	A Friend to the Church of England, and a Lover of Truth and Peace.; Downame, John, d. 1652,; Nomophilos Philotolis.	1646 (1646)	Wing D2074; Thomason E339_7; ESTC R1318	21,705	42

for the quiet enjoyment of those endowments and against the alienation of them from the Church have rendered them famous for piety and vertue to all posterity And here in England about an hundred years before Lucius the first Christian King and first anointed in the world and divers more Kings of England long before the daies of superstition which I will not meddle with abhorring superstition as much as any followed the same patern and the first words of their Charters and grants began like that of Magna Charta Mag Ch● ch 1. Concessimus Deo Ecclesiae 2. The second ground is this That the Law of God penned by Moses concerning the paiment of Tithes to the Levites from whom were the Priesthood as to the letter of that Law as it refers to a precise tenth part of the fruits of the earth neither more nor lesse and the manner of the paiment of it in relation to the sacrifices of the old Law is meerly Ceremoniall and abrogated by Christ who being a living Sacrifice put an end to these dead ones under Moses but as to the equity of Tithes that a competent portion I doe not say quota pars a just tenth but quanta pars a fit maintenance should out of the fruits of the earth be allowed for the livelihood and support of the Evangelicall Priesthood under Christ which came in lieu of the Leviticall Priesthood under Moses it is morall and lasts to this day This I prove by the Law it self Numb 18.21 Behold I have given the children of Levi all the tenth in Israel for an inheritance for their service which they serve even the service of the Tabernacle of the Congregation This was the reason of that Law now that kinde of Priesthood being changed and a better come in the room and such who serve at a better Tabernacle and at a better Altar being Christ himself for so he is called Heb. 13.10 and who offers a better Sacrifice to God then the Leviticall Priesthood even a Sacrifice of praise to God continually as the same Apostle speaks Heb. 13.15 It is great reason that these performing the same service in substance should partake of the same or like wages This is the very Argument of the Apostle Paul 1 Cor. 9.13 14. Do not you know saith he that they which minister about holy things live of the things of the Temple and they which wait at the Altar are partakers of the Altar even so hath the Lord ordained that those which preach the Gospel should live of the Gospel This will better appear by comparing the Law of Tithes with other things under the Law which are now abrogated by the Gospel as to the Ceremony but as to the substance and morality remain to this day I will in stead of many give but two or three instances 1. The Law of the Sabbath by the fourth Commandment tied men to the observation of a seventh day which seventh day the Jews observed from the first day of the Creation this as to that day is now as much abrogated as the paiment of Tithes to the Levites there is no precept in all the new Testament for altering of that day to the first day of the week but only the constant custome of the Church ever since the time of Christ Is therefore the morality of the Sabbath gone God forbid Here might I take occasion to commend the Church of England above any reformed Church in the world for the holy observation of this day but I will not digresse And therefore I say as the morality of the Sabbath still continues as to give God one day in seven for his worship so I say the morality of the Law of Tithes as to a fit maintenance for Gods Ministers that attend the worship continues to this day in England and I hope ever will 2. The Law of Circumcision as to the cutting off of the fore-skin of the flesh in Infants is meerly Ceremoniall but yet the morality of it as to baptizing of Infants still continues and yet there is no precept in the Gospel for baptizing of Infants 3. The like instance is in the Paschall Lamb abrogated as to that Ceremony but still continues as to the celebration of the Lords Supper which comes in the room thereof from both which may be concluded strong inferences of reason for the continuance of Tithes in that sense I have expressed of them 3. The third ground is this that this way of maintenance of Church-men by Tithes is the most ancient and the most just way that can be named 1. For the first it is as old as Melchisedech Priest to the Ancient of daies and from the time of the Law and all the time of Christianity it hath continued a constant Church-maintenance thorowout Christendome till the Reformation of Religion in the daies of Luther and Calvin In those places of reformed Religion where the Reformation was orderly which are farre the greater number that kinde of maintenance continues to this day But where it was done by popular tumult and power of the Sword that kinde of maintenance was taken away and with it the very Churches themselves and the most part of their revenues 2. Secondly It is most just There were three principle reasons why Tithes were to be paid to the Levites of the Law The first in respect of their persons The second in regard of their work And the third in regard of their wages 1. For the first The Law is given in Numb 18.20 and Deut. 10.9 that Levi was not to have any inheritance in the Land like the other Tribes for that God was his part and inheritance and they were his and that they should wholly depend upon him not upon the gifts of men which he shewed in that he gave them their maintenance by the encrease of the fruits of the earth being an act of his immediate providence all the men in the world being not able to make the smallest herb of the field to grow And is not this the case of Levi under the Gospel Are not the Ministers under the Gospel truly and properly and very anciently called Clerus Domini the Lords portion or inheritance for these two reasons First As the Levites were separated from the rest of the Tribes for the Lords Sanctuary So are Ministers under the Gospel separated from all the people by Ordination from God in imposition of hands The Text for this is very plain Act. 13.1 2 3. For when at the Church of Antioch certain Prophets and teachers were met amongst whom was Barnabas and Saul afterward called Paul As these ministred to the Lord and fasted the holy Ghost said Separate me Barnabas and Saul for the work whereunto I have called them c. Here is the proper sense of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gods lot or inheritance in that they are separated by the holy Ghost to God and to his service 2. As the Tithes which the Levites received out of

England K. Iames Parl. Speech 1609. the best Law for this Nation in the world as might easily be proved were it incident to the argument I have in hand doth lay forth all it's interest and jurisdiction in the preservation and maintenance of three things The just priviledges and preeminences of the Crowne of England The just rights of the Church of England And the just rights and liberties of the people of England The first is called by the Register of Writs Pririlegium Regis or Jus Regium The second is called Jus Ecclesiae or Jus Ecclepasiasticum The third is called Jus Populi or Libertates Angliae These three make up the whole body of the common Law a Law so peaceable for the keeping all these three in unity that for this very cause it is by the ancient Laws of this Realm stiled by the name of Peace Pax Dei in reference to the rights of the Church Pax Regis in reference to the rights of the King and Pax Regni in reference to the rights of the people I shall write only of the first and but of some part of that neither viz. concerning the endowments of the Church with Glebe and Tithes by occasion of divers late scandalous Pamphlets or rather Pasquils calling them Jewish Popish Antichristian c. scarce fit to be named lesse fit to be answered with any other answer then that of Seneca Solocontemptu respondere He that reproveth a scorner Pror 9. saith Solomon getteth himself a blot which falleth out especially where a man is to deal with the Vulgar more fitted to quarrell then to judge and much apter to wrangle then to resolve whose discourses when you shall have rak'd into thē to the very bottom you shall finde more slanders of truth then objections against it and scandals in stead of arguments And to strive with such kinde of men whose contention is more for victory then for truth the match is not equall which hath made me often to pity the lot of many learned men in these days who for their religious and painfull writings against Sectaries have received no other rewards of their labours then those that meddle with wasps And therefore I will at present answer all their erroneous papers concerning Tithes ostendendo veritatem by holding forth the truth to all that will see it the light whereof if it appear not to them it is because their mindes are either darkned through ignorance or obstinated with errour like those men who in a clear Sun-shine see no light because they are either naturally blinde or wilfully close their eyes Veritas saith the Philosopher est index sui obliqui I shall therefore in this short discourse handle only two things 1. That Tithes are justly and lawfully due to Ministers under the Gospel 2 That those Ministers have a just remedy in Law to recover them in all places and particularly in London For the opening and understanding of the first it would not be impertinent to handle four things 1. The originall of Tithes 2. By whom and to whom they ought to be paid 3. Out of what things they are to be paid And 4. By what right Tithes are due wherein there is a great controversie and a large dispute between the School-men the Canonists the Civilians and Casuists whether Tithes be due jure Divino or jure Canonice or jure Imperatorio or jure mixto But I intend a short discourse and not a volume All these things are handled at large in Summa Rosella and Summa Angelica in Azorius Navarra Rebuffus Linwood and others and therefore I shall passe them over all of them agreeing in this that Tithes are rightfully due to Church-men and the detension of them is no lesse crime then sacriledge I will only apply my self to shew by what right the endowment of Churches by Tithes and Glebe are due here in England a Nation that exceeds any in the world for liberality and bounty to Clergy-men which is an ancient and very proper name for Ministers of the Gospel ordained to that function as I shall shew anon For the clearing of which I shall lay down these grounds First That in all ages of the world as well in the time of the Gospel as in the time of the Law holy and devout men not out of superstition or blinde zeal but out of conscience and honour to Almighty God whom they served and in duty to him the supream Lord of their earthly substance as well as of their souls and bodies have ever given and bestowed upon him and his service as a free gift some part and portion of their goods and possessions And the first that in the book of God we finde to have offered in this kinde were two of the holiest men that ever trod upon Gods earth Abraham and Jacob the one the father of all the faithfull the other of all the twelve Tribes of Israel and that which they both pitcht upon in their gifts were Tithes For Abaham saith the Text gave to Melchisedech Priest of the high God Tithe of all Gen. 14.20 and Jacob in his journey to Haran vowed a vow to God that if he would be with him and blesse him in that journey Of all that thou shalt give said he Gen. 28.22 I will surely give the Tenth unto thee Whether these two Patriarks did this by instinct of nature the very Heathen according to Pliny in his Nat. hist lib. 12. doing the like or whether by a divine comparison they thought it not as fit a proportion to give to God a tenth of their goods as a seventh of their time or whether there being at that time no law written nor Prophet to instruct them they were not taught of God so to doe with whom they had familiarity by his frequent apparitions to them and as a proportion which he afterwards would require and command to be given to Levi one of their children and to his posterity out of which he chose the Priesthood I will not now dispute it After this they and their posterity built Altars and Tabernacles to God and Solomon built him a sumptuous Temple the glory of the world and the infinite riches that were given to these in Cedars Shittim wood marble brasse iron silver gold precious stones c. are invaluable In the time of the Gospel and at such time as the Church was in persecution as in the times of the Apostles all of them suffering martyrdome saith Dorotheus but John the Evangelist the first Christians sold all their possessions and gave the price of them to God laying them down at the Apostles feet Act. 4. And since the daies of persecution when the Church of God had rest and peace those most Christian Emperours Constantine and Theodosius what by the Churches and Temples they built and dedicated to God the large and liberal endowments of them with Glebe and Tithes the honour and respect they gave to Church-men the strict Lawes they made

now be no difficult matter to prove the first head I laid down viz. That Tythes are justly and lawfully due to Ministers under the Gospel First They are due to them by the Law of the Gospel that Law which the Apostle Paul calls the Ordinance of God in these words 1 Cor. 9.14 Even so hath the Lord ordeigned that those which preach the Gospel should live of the Gospel The reason of this Law is rendred in the verse next before Do ye not know saith he that those which minister about holy things live of the things of the Temple and they which wait at the Altar are partakers with the Altar Even so hath the Lord ordeigned that those which preach the Gospel should live of the Gospel So that the Law of Moses and the Law of the Gospel agree both in this that the Ministers of the Gospel are to have as due to them a proportionable maintenance with the Levites and Priests under the Law The Levites that ministred about holy things they were to have of the Tithes belonging to the Temple but were no offering of the Altar The Priests that attended at the Altar were to have as their due from the people for so is the Law Deut. 18.3 of every sacrifice offered on the Altar whether Oxe or sheep the shoulder the two cheeks and the maw even so the Ministers of the Gospel are to have from the people as their due not as an alms the Gospel maintenance that is those endowments of the Church being for the most part Tithes and Glebe given by Christians to God and his Church for the propagation of the Gospel And the equity and justice of this Law the same Apostle confirms by many more reasons in the six next precedent verses First From the Law of Warre Who goeth to warfare saith he at his own charge Secondly From the Law of nature Who feedeth a flock saith he and eateth not of the milke Who planteth a vineyard and eateth not of the fruit Thirdly From the Law of God ver 8 9. Say I these things as a man saith not the Law the same also For it is written in the Law of Moses Thou shall not muzzle the mouth of the Oxe that treadeth out the corne And from all these infers this conclusion ver 11. If we have sown unto you spirituall things is it a great thing that we shall reap your carnall things The later end of these words of the Apostle Those that preach the Gospel shall live of the Gospel are in the Originall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and have this sence in the judgement of very learned Interpreters viz. Those that preach the Gospel shall live of the gift or reward of the Gospel for which they give two reasons First These words are an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 next before and have this sence that as those which wait at the Altar shall partake of the gift of the Altar so they that preach the glad tydings of the Gospel shall live or the gift or reward due for those glad tydings Secondly The true and proper signification of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will bear it for though in the New Testament it commonly signifies glad tydings yet in many other Greek Authours it signifies a gift or reward for good tydings That text of the 2 Sam. 4.10 as it is rendred in Greek by the Septuagint leaves no place for contradiction where King David speaks thus to Rechab and Baanah who brought Ishbosheths head unto him When one told me saith he Behold Saul is dead thinking to bring me good tydings I took hold of him and slew him in Ziglag who thought I would have given him a reward for his tydings for these words I would have given him a reward for his tydings the Greek is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cui oportuit me dedisse euangelium The vulgar latino renders it mercedem pro nuntio The Chaldee Paraphrast Donum boni nuntij the reward of good tydings Many more Authours might be quoted where that word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or glad tydings is taken for a gift or reward of them which for brevities sake I shall omit Secondly Tithes are due by the Law of Reason from which law the Imperiall lawes which are very severe in the enjoyning the payment of Tithes derive their principles to which law of Reason most Nations in the world Pagan as well as Christian have consented in the payment of Tithes to men employed about the administration of holy things Especially Christian Nations as might abundantly be shewed It is true that within this last hundred years some few Reformed Churches have taken away from the Clergy their ancient endowments of Tithes and Glebe to their own use and have allowed them in liew rhereof certain yearly stipends not answerable to the huge fleeces they took from them as may appear in divers Countrey dorpes or villages in Germany the Palatinate and else where by which means the Ministers in those places are become very ignorant and poor and that ignorance occasioned by their poverty in wanting money to buy them books and their preaching as well as their persons despised A contemptible maintenance making a contemptible Ministery This calamity learned Gualter saw and lamented in his time complaining that not onely Papists but such Qui Religionis sectatores videri volunt tamen opes ecclesiasticas sacrilega manu ad se rapiunt even such saith he as would seem to be professors of true Reformed Religion yet do with sacrilegeous hands take the Church-goods to themselves Whence he foretells that it will come to passe ut Scholae frigeant doctissimi quique dilabantur That the Schools will every where be neglected and learned men utterly decay Whereas here in England by means of better maintenance of the Church allowed to Ministers as their own and not dependant on the people agreeing to that law of reason I spake of their persons are more esteemed and loved their preaching more learned laborious and effectuall and the Word of God more graciously and fruitfully received then in any Nation in the World Thirdly Tithes are due by the Positive Laws of the Land and have been due to Church-men ever since Christianity was planted in England These positive Laws derive as much from the Law of Reason as any Laws in the world insomuch that it is a maxime in the Law concerning Tythes that they are due of Common Right de Communi Jure and that therefore a prescription de non decimando to pay no manner of Tithes is against Common Right or Common Reason and therefore void This Law concerning Tithes is likewise established and confirmed by many Acts of Parliament of which I will only name six The Statute of 13 Ed. 1. called Circumspectè agetis The Statute of 9 Ed. 2. called Articuli Cleri The Statute of 27 Hen. 8. c. 20.32 Hen. 8. c. 7. 2 Ed. 6. c. 13. and the Statute of 37