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

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formerly due very reason telleth us and the use of it in other parts of Scripture doth confirm it for the very same word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is used in the same sense Deut. 23.21 When thou vowest a vow unto the Lord thy God non tardabis thou shalt not be slack to pay it or shalt not keep it back this is not a commandement to pay or give a new thing but to pay that is already due the thing vowed In the same sense it is said 2 Pet. 3.9 non tardat Dominus promissa the Lord is not slack in performing his promise that is not slacke or holding that back which in his honour and justice he hath tied himself to pay or perform the blessing he promised which by his promise is made a debt CAP. XXV That they are due by the Law of God IT is said in Genesis in the end of the 13. ca. and so on in the 14. and in the 7. to the Hebrews That whilst Abraham dwelt at Hebron in the Plain of Mamre his brother Lot was carried away prisoner by the foure Assyrian or Babylonian Kings with all that he had and that Abraham confederate with Mamre the Amorite and his brethren Escol and Aner armed his houshold even the bond-men as well as free 318. in all and pursued them unto Dan where hee smote them in the night and recovered Lot and the prey And that as he returned Melchisedek King of Salem Priest of the most high God met him and gave him bread and wine and blessed him In the Hebrew text it is indefinite which of them gave tithe ●o other therefore the Iews say Melchisedek gave it to Abraham but the holy Ghost in the 7. to the Hebrews explaineth it that Abraham gave them to Melchisedek and prayed and praised God for him and that Abraham did thereupon give him the tithe of all This place of Scripture is very materiall for our purpose as portraiting unto us the whole modell or plat-form of the Church now under the Gospel even as if the one were measured out by the other with a line or rod as Moses measured the Tabernacle and as if God had said as he did unto Moses See that thou make it in all things like the pattern I have shewed thee Exod. 25.40 the last We will therefore stay a while upon it and consider the action the time the place the persons and some other circumstances The action as having nothing in it belonging to the Leviticall Law Codomannus saith in the year 293. some other count it above 370. and therefore a plain direction unto us how to demean our selves under the Gospel The time as performed before the Law was given namely about 300. years after the flood both according to the rites 〈…〉 that time and to be president for the time to come after the Law abolished The places where this action was performed Hebron Dan and Salem Hebron a place in Judah where Abraham dwelt afterward one of the Leviticall Cities from whence Abraham departed when he went into this expedition Dan the uttermost limit of the holy land whither Abraham pursued his enemies and there slew and chased them Salem the place where Melchisedek was King which by reason of Josephus his mistaking it Melchised Dei sacerdos Solymorum quam civitatem post●a Hierosolymam vocarunt Ios Antiq. l. 1. c. 18. Hieron in Ep. ad Euagr. et ●n loc Heb. Lyra in Gen. 33. is commonly taken to be Jerusalem but erroneously as Jerome and Lyra explain it for Saint Hierome out of the ancient Rabbins sheweth it to be a Town neer _____ so called in his time and men then shewing the ruines of Melchisedeks Palace in great magnificence S. John also doth witnesse it to be Enon a known Town in Jeromes time neer Jordan where the spring was that John Baptist baptized in John also saith he baptized at Elim besides Salem Joh. 3.23 because there was much water there So that the first door that was opened into the Kingdome of heaven by the preaching of the Gospel the first administration of the Sacrament of Baptisme as S. John here reporteth it was within the territories of the Kingdome of Salem that is by interpretation the Kingdome of peace and righteousnesse which Baptisme bringeth by washing away originall sin The persons are Melchisedek Abraham and his confederates and family Melchisedek is the image of Christ King of righteousnesse and peace the Priest of the high God and a Priest for ever for the Scripture neither sheweth his beginning nor his ending A Priest not anointed with materiall oyle after the ceremony of the Leviticall Law not ordained for a time as Aaron but established with an oath by God himself to be for ever and sanctified with the spirituall oyle of gladnesse above all the ranks and orders of Leviticall Priesthood Abraham an Hebrew and representing the rest of the Hebrews Gods chosen people Father of the Jews by Circumcision and by faith the Father of the Gentiles So that Melchisedek prefigurated the whole Priesthood of Christian Religion and Abraham the whole Laity therefore Chrysostome saith Considera quanta sit excellentia nostratis sacerdotii quandoquidem Abraham Patriarcha Iudaeorum progenitor Levitarum comperitur benedictionem accipere à Melchisedec Orat. 4. advers Iud. Sedita Paulus ipse His confederates Mamre Escol Aner Amorites and Gentiles representing the whole body of the Gentiles The family of Abraham as well bond-men as free-men all mingled together and all here marching as under one ensign not of the Leviticall Law which onely belonged to the Jew but of the New Testament embracing both Jew and Gentile bondmen and free-men the children of Hagar as well as Sarah Their enemies are the idolatrous Assyrians or Babylonians who spoil the people of God and these Abraham pursueth killeth and chaseth beyond Dan that is out of the Church To apply and morall this to the Church under the Gospel They that are the true children and consorts of Abraham whether Hebrews or Gentiles free or bond who now are all alike they must depart out of the Leviticall Cities that is the Ordinances and Ceremonies of the Law they must fight against the foure great Kings the enemies of Lot and of the children of God Sin Flesh the World and the Devill So Hugo expoundeth them Superbia vitae Concupiscentia carnis Hypocrisis Avaritia vel concupiscentia aculorū Hugo they must chase and cast them not onely out of the temple of their heart but out of the compasse and bounds of the Church of Christ and so kill and subdue them by faith and repentance even when they are asleep and thereby seem to have surest possession of them Having thus conquered Melchisedek our Saviour Christ will meet them in their return but where not till they come within the territories of Salem into the bounds of the Church by the sacrament of Baptisme And then he will not stay till he be
these times come farre short in their duties and may bee upbraided with these examples Which are here more largely insisted on to shew the impiety of many men in these last days who are more inexcusable then ever any people were because we have the rules and practice of all ages set before us for our direction as before the Law of Moses in Abraham and Jacob and likewise under the Law during the Priesthood of Aaron and since under the Gospel abundant light to guide us besides all the Records Histories and Monuments of Gods judgements in former times to instruct us All which saith the Apostle 1 Cor. 10. are written and recorded for our admonition upon whom the ends of the world are come If we therefore offend now we are greater sinners then any former people as sinning against conscience knowledge and examples of all ages and like to the servant that knew his Masters will but did it not who therefore must be beaten with many stripes CAP. XXVII That they are due by the Law of the Land AS they are due by the law of Nature and of Nations by the Law of God and of the Church so are they likewise due by the very Temporall Laws of the Land as well ancient as later therefore Edward the elder and Guthrun Saxon and Danish Kings punished the not payment of Tithes by their temporall Constitutions Lambard 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 54. Tom. 1. Concil Britan. pag. 392. King Athelstan about the year of our Lord 924. not onely decreed them to be paid by himself his Bishops Aldermen and Officers but maintaineth that his Law by the example of Jacob saying Decimas meas hostiam pacificam offeram tibi and by other effectuall Authorities providing precisely that his owne Tithes should diligently be paid and appointing a time certain for doing thereof viz. the feast of the decollation of S. John Baptist 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pa. 57. Tom. 1. Concil p. 402. King Edmund about the year 940. in a solemn Parliament as well of the Laity as Spiritualty ordained that every man upon pain of his christendome and being accursed should pay them truly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 73. Tom. 1. Concil pag. 420. King Edgar in a great Parliament about the yeare 959. confirmed the payment of Tithes assigning certain times when every thing should be paid viz. the Tithe of all young things before Whitsontide of the fruits of the earth by the harvest aequinoctiall i. about the 12. Septemb. and of seed by Martimas and this to be done under the pain mentioned in the Book of the Lawes of the Land whereby it appeareth that the Laws of the Land had anciently provided for the payment hereof though the Book remaineth not to us at this day as well as the Laws of the Church And he further enacted that the Sheriffe as well as the Bishop and Priest should compell every man to pay their Tithes and should set it forth and deliver it if they would not leaving to the party offending onely the 9th part and that the other eight parts should be divided four to the Lord and four to the Bishop and that no man should herein be spared were hee the Kings Officer or any Gentleman whatsoever 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 77. Tom. 1. Concil pa. 444. King Canutus about the yeare 1016. made the like Law with some little enlargement as appeareth in his Laws Tom. Con. pag. 44. ca. 8. and as Malmesbury testifieth strictly observed all the Laws of the ancient Kings de gestis Regum Angl. lib. 2. p. 55. And he wrote also about the 15. year of his reign from beyond the seas a long letter to all the Bishops and Nobility of England conjuring them by the faith that they ought both to himself and to God that they caused these Lawes touching Tithes and Rights of the Church to be duly executed and the Tithes to be paid as abovesaid Malmsb. p. 74. But King Edward the Confessor about the year 1042 made all certain namely that Tithe was due unto God and should be paid the tenth sheafe the tenth foal the tenth calf the tenth cheese where cheese was made or the tenth days milk where there was no cheese made the tenth lamb the tenth fleece the tenth part of butter the tenth pigge and that they that had but a calfe or two should pay for every of them a penny And to this price is the Parson generally holden at this day when ten of our pennies are scarcely worth one of that time He also ordained that Tithe should be paid of bees woods meadows waters mils parks warrens fishings coppises orchards and negotiations and out of all things saith the Law that the Lord giveth For the Sheriffe and Bishops were in those days the Kings Justices in every County and all matters were heard and decided before them Note the tenth is to be rendred unto him that giveth the nine parts with the tenth and bindeth the Sheriffe as well as the Bishop to see this executed And all these were granted saith the Book by the King Barons and Commonalty as appeareth in those his Laws cap. 8. and Hoveden Annal. part poster pag. 602. Long after the learned Author had written this he published the first Tome of our English Councels wherein not onely these Laws mentioned are recited but also many other Laws and Constitutions concerning Tithes by other Kings and Parliaments of that age It would have been an easie matter to have inserted them at large here being there set down in order of time successively but because I am unwilling to add any thing or alter in the text of his discourse and that the Tome of the Councels is obvious to every mans perusall I will onely adde some brief references to them as also to M. Selden in the eight chap. of his History who hath recited them all and some more then are here mentioned From both these learned Lawyers the studious Reader may be abundantly satisfied especially when the second Tome of the Synods shall be extant there will be full testimony of our own Laws to confirm this truth for 500. years after the Conquest as these are for 500. years before it When Gregory the great sent Augustine about the year 600. Chr. assisted with 40. Preachers to publish the Gospel to our forefathers in England it is testified by the Laws of Edward the Confessor among other things that he preached and commanded Tithes to be paid Haec beatus Augustinus praedicavit docuit haec concessa sunt à Rege Baronibus populo sed postea instinctu diaboli multi eam detinuerunt c. and all this was confirmed by the King and his Barons and the people Tom. 1. Concil Brit. pag. 619. § 8 9. Egbert Archbishop of York brother to Eadbert King of Northumberland published Canons about the yeare 750. which did binde all the Northern parts and Scotland in those days wherein he directeth all Ministers to
Levites onely and their family and as they were otherwise applied to the ceremoniall habit of Gods service for that time but yet notwithstanding even then they still served in the main point to the Morall end of their originall Institution that is the worship of God in genere the maintenance of his Ministers in genere and for a token of thankfulnesse in genere Against which the particular applying them to the particular form of worship and ceremonies of the Leviticall Law for that time abolished had no repugnancy And therefore though that manner of disposing them were Ceremoniall and did vanish away with the ceremonies themselves yet did it nothing diminish the Morall use and validity of the Institution in genere which notwithstanding still remained to be accepted and imitated by all posterity and yet to be altered and changed accidentally in the particular ordering and disposing of them as the present estate of Gods worship and the necessity of the time should require viz. before the Law at the pleasure of them before the Law under the Law by the rules of the Law and now in the time of the Gospel as the Church of God either hath or shall appoint them keeping always as I say the Morall considerations of their Institution for they may not be diverted from the Minister though the course of Gods service be altered from that of the Levites but both they and the Levites are labourers in the Lords Vineyard and therefore what kind of work soever either the one or the other be for the time there employed upon the wages appointed Denarius in diem Mat. 20.2 is due unto each of them Therefore to take away the antithesis or opposition that some make between the Ministers of the Gospel and the Levites and Priests of the Law God himself in the last of Esay v. 21. Esay 66 20. calleth the Ministers of the Gospel Priests and Levites as though he had onely changed the course of their service and not the main or end of their Institution I will take of them viz. of the Gentiles for Priests and Levites that is the generation of Levi shall no longer be appropriate to my service but I will communicate their function to the Gentiles and out of them will I take Priests and Levites to perform the service of my charge God therefore brought no new thing into the Leviticall Law neither changed he the nature of the former Institution thereof nor the course of the payment nor the quantity of the portion assigned nor the end whereto it was but looking generally into the equity of them all and approving them all in the generall yea though they were used by the Heathen he descended into further particularities for order and government whereof he prescribed divers rules and observances some Morall some Judiciall and some Ceremoniall according to the fashion of his Church at that time which like old garments being wholly worn out with the old Law the body whereupon they were put remaineth still in the first shape and vigour And whereas before the Law it seemeth to be somewhat at randome and uncertain God by his owne mouth in the Books of Moses hath established and confirmed So that these things considered it cannot be said to be Leviticall in substance but respectively onely and by way of accident § 1. An Objection touching sacrifice and first-fruits and circumcision It may be objected that sacrifice and first-fruits were also in use under the law of Nature and from thence as Tithe was translated into the Leviticall Law yet they ceased with the Leviticall Law and why should not Tithe cease likewise Though sacrifice and first-fruits were in use under the law of Nature and from thence as Tithe was translated unto the Leviticall Law yet the mark they shot at and the end whereto they were employed being once accomplished there was in reason no further use of them for they were like the cloudy and fiery pillars that directed the children of Israel to the land of promise who being arrived there needed those helps no longer and so they vanished away as then not necessary But Tithe in it self and before the Institution of the Leviticall Law was onely an act of justice and piety and therefore though the Leviticall Law employed it partly unto ceremonies yet the nature thereof was not thereby changed and therefore it still lived when the Leviticall Law died Touching the whole frame of Leviticall ceremonies it is like that of Daniels image the body is decayed and gone but the legs being partly iron as well as clay by which it was supported though the clay that is the ceremony be abolished yet the iron that is the Morall Institution thereof endureth for ever The rites of the Leviticall Law were of two sorts some the naturall children thereof others the adoptive I call them naturall that sprang out of the bowels of it as those touching the Ark and Institution of the Levites Adoptive those that being in use before were afterward annexed to it And of these I observe two sorts one arising from some positive Constitutions as that of Circumcision whereof I will speak anon and the other deduced from the law of Nature as those concerning the worship of God whereof some were generall and necessarily incident to every form of his worship in all ages as Ministers to perform his service which they called Priests and means to maintain it which they ordained to be by Tithes The other appropriate 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