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

him and that is as before we have shewed in the same steppes that the rules and maximes of his owne law have prescribed viz. First that we shall doe unto him Homage that is true and faithfull service For it is written Him onely shalt thou serve Secondly that we shall be faithfull unto him as becommeth true tenents that is not to adhere to his enemies the world the flesh and the devill as conspiring with them or suffering them to subtract or encroach upon any part of that which belongeth to God our Lord paramount Thirdly that we shall pay duely unto him all rights and duties that belong unto his Seignory for it is written Give unto God that that is Gods And againe Give the Lord the honour due unto his name c. Psal 29.1 For all which we must be accomptants at the great Audit and there lies a speciall writ of Praecipe in that case Redde rationem villicationis tuae Give an accompt how thou hast carried thy selfe in this thy businesse that is this his service committed to thee But omitting to handle the first and second of these great Reservations I have undertaken the last viz. de reddendis Dei Deo of ren dring that unto God that is Gods And in this I humbly beseech his blessed hand to be with me and guide me for whose onely sake and honour I have adventured to leave the shore I crept by in my former booke and now as with full sailes to launch forth into the deepe upon so dangerous and uncertaine adventure Amen Of TITHES CAP. I. What things be due unto God THat that is to be rendred unto God for his honour out of temporall things granted by him unto man are by his word declared to be some particular portions of the same things The things granted unto man be of three sorts viz. First the time measured out unto him for this life Secondly the place allotted to him for his habitation Thirdly the benefits and blessings assigned to him for his sustenance Out of every of these God must have his honorary part as by way of reservation and retribution in right of his seignory Let us then see what those parts are and how they grow due unto him Touching the first which is the Time of our life he hath out thereof reserved to himselfe the seaventh part for it is written six dayes shalt thou labour and doe all that thou hast to doe but the seaventh day is the sabbath of the Lord thy God What other time soever we imploy privately and particularly in his worship this must generally be performed and kept both by our selves and our very cattle for if every creature groane with us Rom. 8.22 it is also just that they rejoyce with us sometime But though God be much wronged in this kind as well as in other his rights yet since it is confessed of all parts to be due unto him by the expresse Canon of his word I will not medle with it any farther only I desire that the abusing of it were severely punished or at least in such sort as the Lawes have appointed CAP. II. The second kind of tribute that we are to render unto God i. a portion of our Land THe second thing that God hath given unto man is a place for his residence and that is the earth in generall and to every nation and family a part thereof in particular The earth hath he given to the children of men Psal 115.16 But as he reserved a portion of the time of our life for the celebration of his honour so hath he also reserved a portion out of the place of our residence For in Ezek. 45. he commandeth the children of Israel and in them all the nations of the world that when they come to inhabite the land he giveth them they must divide it into three parts one for the people another for the King but the first for God himselfe God must have Enetiam partem as the Lawyers terme it the part of the eldest or first borne for the tribe of the Levi that is his Priests and Ministers are called to be the first borne of his people Therefore he saith When ye shall divide the Land for inheritance ye shall offer an oblation to the Lord an holy portion of the Land Ezek. 45. And by and by he declareth how it shall be imployed one part to the building of the house of God and the other part for the Priests and Ministers to dwell on And this is no Leviticall precept but an institution of the Law of nature and in performance of the duty that he was tyed unto by this Law Jacob when he was poore and had not wherewithall to build God an house yet he sanctified a portion of ground when God had blessed him to that purpose by erecting a stone and pouring oyle on the head thereof calling the place Bethel that is the house of God and vowing to build it when God should blesse and make him able to doe it Gen. 28.22 which as Josephus testifieth Antiq. lib. 1. cap. 27. he afterwards performed And as God commanded the whole Nation of the Israelites in generall that in laying out the chiefe City they should first assigne a place unto God for his Temple Priests So likewise he commanded every Tribe thereof in particular that after they had their portion in the division of the Land they should likewise out of the same assigne unto the Levites Cities to dwell in with a circuite or suburbs of a thousand cubits round about to keepe their cattell in Command the children of Israel that they give unto the Levites of the inheritance of their possessions Cities to dwell in yee shall also give unto the Levites the suburbs of the Cities round about so they shall have the Cities to dwell in and the suburbs shall be for their cattell and for their substance and for their beasts And the suburbs of the City which ye shall give unto the Levites from the wall outward shall be a thousand cubits round about Numb 35.2 3 4. In execution of this Commandement every Tribe of Israel allotted certaine Cities to the Levites out of their portion according to the quantity thereof as appeareth Jos 21.41 The whole Land of promise according as St. Hierom layeth it out in his Epistle to Dardanus Tom. 3.68 containeth in length from Dan to Bersabe scarce 160. miles and in breadth from Joppa to Bethlem 46. miles A small portion of ground for a Kingdome so famous and so small indeed as St. Hierom there saith that he is ashamed to tell the breadth of it lest it should give occasion to the heathen to blaspheme or deride it yet out of this small territory not so much as the principality of Wales with the Marches fourty eight walled Cities more then are in all England as I take it were assigned onely for their Clergy to dwell upon their maintenance and revenues being otherwise provided generally through the whole

c Kings ought not to invade the peoples possessions much lesse Gods Sp. 167. See Appropriations Mr. Richard Knightley St. 22. Knowledge Tree of Knowledge Gods part Sp. 98 John Knox his letter to the Generall Assembly Sc. 5. S LAnd some portion thereof to be given to God Sp. 2 c. Origen's opinion of Clergy-mens enjoying Lands Sp. 21 Lawfull See Unlawfull Lawes Humane Lawes ever imperfect often wicked must yield to the Law of Nature and of God Sp. 172 173. They may give a man jus ad rem not jus in re Sp. 173. Law of Nations what Sp. 113. Laws of our English Kings for payment of Tithes Sp. 129 c. Law of Nature What Sp. 94. What we learn thence of Gods Nature and the duties we owe to him Sp. 95. The Law of Nature oft better observed by barbarous people then civil Sp. 124. See Leviticall Learning by whom first planted in England Sp. 177 Levites how small a part of the Jewish Nation St. 14. yet how largely maintained St. 9 c. Of the land assigned them to dwell upon Sp. 2 c. Their service about the Tabernacle Sp. 33. about the Temple Sp. 35. Their divisions and offices Sp. 35 36. Provinciall Levites received Tithes as well as the Templar Sp. 37. See Provinciall Their portion far less then the Priests Sp. 57. They stood not charged with the cure of soules as Ministers now Sp. 58 Leviticall Law how far abrogated Sp. 111 Many Morall Precepts intermingled with it ibid. The frame of Leviticall ceremonies compared to Nebuchadnezzar's image Sp. 144. Leviticall rites of two sorts Naturall Adoptive Sp. 145 The Lords day when first observed Sp. 49 M MAn how furnished for the glorifying of God Sp. Introd What duties he oweth to God for his beneficence ibid. What portion of his time Sp. 1 What of his Land Sp. 2 c. What of his goods Sp. 3 c. Charles Martell the first Christian that offered violence to Tithes Sp. 31 Melchisedech thought to have been Shem Sp. 108. His story mystically expounded Sp. 104 c. Merchants and tradesmen ought to pay Tithes out of their gains Sp. 81. 131 Middest of the garden Gods place Sp. 98 Ministers called Priests by Isaiah Sp. 143. They receive much lesse then the Priests of old St. 9 c. 14. though they deserve much more St. 12 Sp. 58 c. Whether and how they may hold temporalties Sp. 24 c. They ought to have a plentifull and certain maintenance Sp. 55 56. Sc. 3. R. 24 25. A sufficient quantity of land Sp. 4. and a convenient habitation Sp. 6. How they were maintained in the Primitive ages of the Church Sp. 16 c. Their charge and pains how great Sp. 58 59. Their portion is not to be accounted the price of their Doctrine but the reward of their travell Sp. 59. A set Ministery is necessary Ap. 15. To deprive them of their maintenance is sacriledge Ap. 15. wors then putting them to death Sc. 2. They ought to doe their work though defrauded of their hire R. 26. Whether their Livings should be equall R. 10 11. Tithes no necessary cause of distraction and trouble to them R. 14.24 See Clergy Priests and Tithes Monasteries See Statute and Appropriations Money The rate thereof how uncertain St. 18. Sp. 131.153 R. 5. N NAture See Law Ninth part over and above the Tenth paid to the Clergy St. 15. Sp. 30. 91 Numbers Great mysteries attributed to them both by Heathens and Christians Sp. 68 c. O OBlations of Primitive Christians how employed Sp. 14 c. Offerings due to God by the Law of Nature Sp. 96. P PAradise a modell of the Church Sp. 97 c. See God Parish Churches stiled Tituli Sp. 10 Parliamentary power in Theologicall matters what Sp. 156 157. See Clergy Passover and other Feasts seem to have been but rarely observed Sp. 47 St. Paul's travels Sp. ●● Pentecost why celebrated by Christians Sp. 150 Peoples mind how variable Sp. 56 St. Peter's travels Sp. 53 Polygamy though at first forbidden yet long permitted Sp. 46 Poor how carefully relieved by Christ Sp. 11. his Apostles Sp. 13. and the Primitive Christians Sp. 14 c. What discretion is to be used in considering their necessities Sp. 22. Who of old were wont to distribute Church goods unto them Sp. 23. They are Christs Proctors Substitutes Publicans to gather up his rents Sp. 78. How dear they are to God Sp. 97 Prayer a duty that we learn from nature Sp. 95 96. Price of things See Rate Priests before the Law Sp. 10. 42. 100. 108. The originall of Priesthood Sp. 42. 100. Priests of what dignity in antient times Sp. 100. Of their maintenance before the law Sp. 101 c. Priests maintenance among the Jews far larger then among Christians St. 9 10. Their courses appointed by David Sp. 35. 38. Their part much greater then the Levites Sp. 57. Ministers of the Gospel called Priests Sp. 143. The charge and pains of Leviticall and Evangelicall Priests compared Sp. 57-60 See Ministers Provinciall Levites of what learning dignity and authority in the Jewish Common-wealth Sp. 38 c. Psalme lxxxiii expounded against sacrilegious persons Ap. 13 Q Questions of Diuinity where and by whom to be decided Sp. 156 R RAte of money and commodities how various R. 5. See Money Reformation never perfect at once but accomplished by degrees Sp. 30. 46 c. Witness that hereunder Henry viii and Edward vi Sp. 170 c. Restitution of Impropriations to the Church it an act not of bounty but duty Sp. 169 S SAbbath by whom and why changed Sp. 111. Difference between the Jewish Sabbath and ours Sp. 148. There was more ceremony in the Sabbath then in Tithes Sp. 148 Sacrifices almost wholly neglected in the wilderness Sp. 47. The ground and reason of Sacrifices Sp. 145. why they were burnt Sp. 146. Seeing they were taught by the instinct of Nature Sp. 42. 95 96. Why are they abolished by Christ Sp. 144-147 R. 23. Sacrificing in the high places unlawfull yet for a time accepted Sp. 46 Sacriledge for bidden St. 7. Christ discoverred his zeal more against this sinne then any St. 16. No sinne tendeth more to the overthrow of Religion Sc. 2. Humane Laws against it St. 25. Sp. 155. 161. Wo to them that are guilty of it Sp. 82. 134-139 168. How it cometh to abound so much in Scotland Sc. 1 2 Scotland grievously overrun with Sacriledge Sc. 1. Rollock sharply inveigheth against it Sc. 4. and so doth Knox Sc. 6 Lord Scudamere Viscount Slego St. 26 Sr. James Sempill's Book of Tithes St. 4 Servants in some places pay Tithe out of their wages Sp. 80 Seven a mysticall number Sp. 113. No Simony in Ministers to receive maintenance from the people Sp. 59. Abolishment of Tithes no prevention of Simony R. 13. Souldiers ought to pay Tithes of their spoils Sp. 81. Heathen Souldiers have oft done so Sp. 114-120 Sr. Henry Spelman's worth

time I speak of Well It will be said that all this is nothing if the Word of God commandeth it not for every thing must be weighed and valued by the shekel of the Sanctuary Lev. 27.25 They may by the same reason take away our Churches for I finde not in all the Bible any Text wherein it is commanded that we should build us Churches Perkins dem Problem 9. neither did the Christians either in the Apostles time nor 100. yeares after build themselves Churches like these of ours but contented themselves at first to meet in houses which thereupon were called ades sacrae And to shew that they were commanded by the Levitical Law will not serve our turn for it will be said the Statute of repeal even the two words spoken by our Saviour upon the Crosse Consummatum est Iohn 19.30 clearly abrogated that Law but it is to be well examined how far this repeal extendeth for though the letter of it be taken away yet the spirituall sense thereof remaineth for Ierome saith Singulae paene syllabae c. spirant coelestia sacramenta Tom. 3. Paulino Epist that almost every syllable thereof breatheth forth an heavenly sacrament Saint Augustine saith the Christians doe keep it spiritually so that if tithe be not given in the tenth according to the Leviticall Institution yet the spirituall meaning of providing for the Clergy our Levites remaineth But with the precepts of the Leviticall and Ceremoniall Laws divers rules of the Morall Law are also mingled as the Laws against Witches Not to reap every corner of our field nor to gather our fruit clean not to keep the pledge that belongeth to the person of our brother Userers Oppressors c. the Laws that command us to lend to our brother without interest and to sanctifie the Sabbath for though the Institution of the Sabbath be changed yet the spirituall observation remaineth and that not onely in the manner of sanctifying it but as touching the time also even the seventh day Notwithstanding I find not that the Apostles commanded us to change it but because they did change it we take their practice to be as a Law unto us yet though they changed the time they altered not the number that is the seventh day I will then reason that God hath as good right to our goods of the world as to the days of our life and that a part of them belong unto him as well as the other And the action of Abraham and Jacob may as well be a precedent to us for the one in what proportion we are to render them as that of the Apostles in the other for both of them were out of the Law the one after it the other before it And why may not the limitation of the day appointed to the Lord for his Sabbath be altered and changed as well as the portion appointed to him for the tenth You will say the seventh day was not due to him by the law of nature for then Abraham and the Fathers should have kept it before the Law given but it held the fittest analogy to that naturall duty that we owe to the service of God and therefore when that portion of time was once particularly chosen by God for his service by reason himself had commanded it under the Law the Apostles after the Law was abolished retained it in the Gospel And so since the number of the tenth was both given to God before the Law and required by him in the time of the Law being also most consonant to all other respects great reason it is to hold it in the age of the Gospel Yet with this difference that in the old Law the Sabbath was the last part of the seven days and in the Gospel it is the first because our Saviour rose from the dead the first day of the week and not the seventh God is our Lord and we owe him both rent and service our service is appointed to bee due every seventh day our rent to be the tenth part of our encrease He dealeth not like the hard Landlords that will have their rent though their Tenants bee losers by their Land but he requireth nothing save out of their gain and but the tenth part thereof onely These two retributions of rendring him the seventh day of our life and the tenth part of our goods are a plain demonstration to us of our spirituall and temporall duty towards God Spiritually in keeping the Sabbath and temporally in payment of tithes that is in providing for his Ministery and them in necessity the one being the image of our faith the other of our works for seven is the number of spirituall sanctification ten the number of legall justification Therefore to pay all the nine parts was nothing if we failed in the tenth for the tenth is the number of perfection and therefore required above all other as the type of legall justification And as our faith is nothing without works so neither is the Sabbath without tithes for they that minister to us the spirituall blessings of the Sabbath must receive from us the temporall gratuities of Tithing CAP. XXVI That they are due by the Law of Nations THe Law of Nations is that which groundeth it self upon such manifest rules of reason as all the Nations of the world perceive them to be just and do therefore admit them as effectually by the instinct of nature as if they had been concluded of by an universall Parliament Therefore in truth this is no other but that which the Philosophers call the law of Nature Oratours the law of Reason Divines the Morall law and Civilians the Law of Nations As far then as Tithe is due by one of these so far likewise it is due by all the rest and consequently the reasons that prove it in the one doe in like manner prove it in all the other I will not therefore insist here upon arguments but remit you to that hath been formerly said touching the law of Nature and demonstrate unto you by the practice of all Nations what the resolution of the world hath been herein through all ages So ancient it is among the Heathens that good Divines are of opinion that Abraham took example thereof from the Heathen but others with more reason conceive it to be practised even by the children of Adam as well as sacrificing and the offering of first-fruits as by the opinion of Hugo Cardinalis I have shewed in another place Besides I find not any mention of Tithe paid by the Gentiles before the time of Dionysius commonly called Bacchus who having conquered the Indians sent a Present of the spoil Magno Jovi as Ovid witnesseth and this was about 600. after that Abraham tithed to Melchisedek Cyrus having collected a great sum of mony amongst his captives caused it to be divided delivered the tithe thereof to the Praetors to be consecrated to Apollo and Diana of Ephesus as he had vowed Xenophon in

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