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A61092 The larger treatise concerning tithes long since written and promised by Sir Hen. Spelman, Knight ; together with some other tracts of the same authour and a fragment of Sir Francis Bigot, Knight, all touching the same subject ; whereto is annexed an answer to a question ... concerning the settlement or abolition of tithes by the Parliament ... ; wherein also are comprised some animadversions upon a late little pamphlet called The countries plea against tithes ... ; published by Jer. Stephens, B.D. according to the appointment and trust of the author.; Tithes too hot to be touched Spelman, Henry, Sir, 1564?-1641.; Stephens, Jeremiah, 1591-1665.; Bigod, Francis, Sir, 1508-1537. 1647 (1647) Wing S4928; Wing S4917_PARTIAL; ESTC R21992 176,285 297

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and Revel or Jethro Prince and Priest of Midian Of other Priests it appeareth in Exod. 19. 22. 24. that there were many Let the Priests saith God that come to the Lord be sanctified and again Let not the Priests break their bounds c. Touching these Priests we finde no mention either how they were called to their function or how they were maintained in it neither of them that executed that place after the Law was given till the calling of the Levites which though it were a short time as not above a year and some months yet must they have some maintenance and means to live on even during that time The Priests of Aegypt had not onely lands for their maintenance but they also had a certain part appointed them by Pharaoh to live upon and though it appeareth not by the Scripture what this part was yet it is plain that it was such and so bountifull as when all the other Egyptians sold their land to Joseph for Pharaoh to save their lives in the famine they lived upon this part and kept their lands The children of God no doubt came not behinde the Heathen in devotion and consequently not in their bounty to their Priests therefore though we have no authority to demonstrate unto us the particular means wherein they were provided for before the Law yet we may very probably conceive it to be much after the manner of the Heathen Priests of that time for that the Priests and children of God being then scattered amongst the Heathen as Melchisedek among the Canaanites Jethro amongst the Midianites could use no rites nor ceremonies in the worship of the true God but the Heathen would have the same in the service of their gods insomuch as nothing is mentioned in the Scripture concerning the same before the Leviticall Institutions but it is particularly found among the Gentiles first touching both their Priests and manner of sanctifying of them as also touching their offerings altars and sacrifices and the manner of feasting at the sacrifice of thanksgiving used by Jethro Exod. 18. 12. I infer therefore that seeing the Heathen took their originall manner of holy rites from the children of God that therefore what originall rites the Heathen had in their service of their religion that the same were in use also among the children of God though they be not mentioned in the Scripture and consequently that insomuch as the Heathen universally paid Tithes and first-fruits unto their Gods and Priests that therefore the children of God did so likewise from the beginning to the true God And to this agreeth Hugo Cardinalis saying It is thought that Adam taught his sons to offer first-fruits and tenths unto God so that the children of God borrowed it not from the Heathen or the Heathen from them but both the one and the other from the law of nature for as Ambrose saith God therefore by Moses followed not the fashion of the Gentiles Non ergo Deus per Mosem Gentilium formam sequutus est sed ipsa naturalis ratio hoc habet ut quis inde vivat ubi laborat in Epist. 1 Cor. ca. 9. C. 41. Col. c. And as the examples of Abraham and Jacob do plainly confirm it to be done by them so doubtlesse was it also done by other of the Hebrews even before the Leviticall Institutions and even then holden and taken to be a duty belonging unto God as plainly appeareth by Gods own mouth in 22. Exod. 29. when hee saith and that before the Leviticall Institutions Thine abundance and thy liquor shalt thou not keep back which all Interpreters agree to be spoken of the Tithe and first-fruits of corn oyl and wine and therefore Jerome doubted not so to translate it viz. Thy tithes and first-fruits shalt thou not keep back wherein the word keep back non tardabis is very materially to be considered as evidently shewing that it was a custome of old to pay these tithes unto the Lord and therefore that he now required them not as a new thing but as due unto him by an ancient usage That the word non tardabis thou shalt not keep back or delay implieth a thing 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 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 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
as Suetonius in his life cap. 7. reporteth sportulas publicas sustulit revocata coenarum rectarum consuetudine which Martial also remembreth in an Epigram to Domitian l. 8. Grandia pollicitus quanto major a dedisti Promissa est nobis sportula Recta data est Sportula nuptialis signified the wedding feast or provision Coelius Rhodiginus Antiq. lect l. 28. c. 24. apud Apuleium sportulas legimus nuptiales quippe inquit ita placuerat insuburbana villa potius ut conjungeremur ne cives denuò ad sportulam convolarent Sportula convivalis is described also by Coelius lib. 27. cap. 24. Eranon inquit est quod pluribus differtum occumbentibus sit sed ita ut ferat sibi unusquisque quod edat quod etiam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicebatur id est sportula Sportula opipara I may tearm that which is mentioned by Tully in his Epistles Famil lib. 9. Ep. 20. Dediscendae tibi sunt sportellae artologani where some interpret sportellae for those meats quae secundis mensis numerantur dishes of the second course and greatest dainties So that sportula presbyteria was no base thing but an honourable congiary or portion of victuals distributed to the Clergy whether by the basket as the word signifieth or in vase nitido as Pius appointed it And thus much doth the very place alledged out of Cyprian intreat where he saith sportulis idem cum presbyter is honorentur What this sportula contained I cannot declare but Alexand ab Alexand. Genial dier lib. 5. cap. 24. speaking of the Roman sportula publica saith In qua frequens obsonium panis oleum porcina caro dari solita est absque vino and Domitius in his Comment on the first Satyr of Iuvenal much more fully ex sportula omnia sibi coemebant que ad victum ad cultum pertinerent So that sportula presbyteria seemeth to be then a Cornu copia that ministred unto the Clergy all things they had need of as well for cloathing and other necessaries as for sustenance For no doubt the people of God did at this time not onely according to the precept of the Apostle make the Ministers of the Word partakers of all their goods but as Abraham did also to Melchisedek present unto them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the very top and chiefest part thereof following Abraham in offering the fat and abhorring to give the carrion things unto God like the sacrifice of Cain And that it may be no disgrace to the honourable Ministers of the Church to live thus ex sportula let me note by the way that the Kings and Princes of the world are likewise said to live ex sportula for their Exchequer or Treasury hath thereupon the name of Fiscus which word as appeareth by Ascanius is all one with sportula Fisci fiscinae fiscellae saith he sportea sunt utensilia ad majoris summae pecunias capiendas unde quia major summa est pecuniae publicae quàm privatae factum est ut fiscus pro pecunia publica inde confiscare dicatur a little before he saith Sportae sportulae sportellae munerum sunt receptacula And let me also remember that in the Easterne Empire the Master of the Store-house and Wardrobe as well Palatine as Ecclesiastical was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a Canistro vel Sportula Touching Lands though the Churches at this time had little yet were they not altogether without any as appeareth partly by that which Eusebius reporteth of Paulus Samosatenus that under Aurelian the Emperour i. e. about the yeare 274. he wrongfully invaded an house belonging to the Church of Antioch But more amply by the edict of Licinius and Constantine where it is expresly commanded that all Lands and places which belonged to the Christians as well for their publique use as in their private possession that had been taken from them in the persecution of Dioclesian should be restored to them Platina saith that Vrbane Bishop of Rome anno 227. first instituted that the Church might receive Lands and possessions offered by the faithfull and then sheweth to what end she might enjoy them namely that the Revenues thereof should be distributed by portions to every man and that no man should have them to his particular benefit Vrbane himself in the Decretall Epistle attributed unto him affirmeth this usage to be more ancient saying also that the Bishops within their Diocese and other faithfull persons appointed by them both did and ought to distribute these Revenues in manner before mentioned adding further that they were called the oblations of the faithfull for that they were offered unto God and that they ought not to be otherwise employed then to Ecclesiasticall uses the relief of Christian brethren living together in common and of the poor people for that they are the vows of the faithfull the price of sin the patrimony of the poor and delivered over unto the Lord for the performance of this work Many account this Epistle Apocryphall I will therefore strengthen it with the opinion of Origen a Father of those times who in his 16. Homily upon Genesis disputeth it to be utterly unlawfull for the Ministers of the Gospel to possesse any Lands to their own use for so I understand him confessing himself not to be faultlesse herein and therefore exhorting others to joyn with him in Reformation thereof he saith Festinemus transire à sacerdotibus Pharaonis let us make haste to depart from the Priests of Pharaoh who enjoy earthly possessions to the Priests of the Lord who have no portion in earth for that the Lord is their portion fol. 26. col 3. And to shew to what end the Church enjoyeth her goods and in what manner they ought to be divided amongst her Ministers and poor children in his 31. Homily upon Matthew he saith Opus habemus ut fideles simus pariter prudentes ad dispensandos ecclesiae reditus c. It behoveth us to be faithfull in disposing the rents of the Church Faithfull that we our selves devour not those things which belong unto the widows and that we be mindfull of the poor and because it is written The Lord hath appointed that they which preach the Gospel should live of the Gospel that we therefore take not occasion to seek more for our selves then our simple diet and necessary apparell retaining a greater portion to our selves then that we give to the brethren that are hungry and thirsty and naked and which suffer necessity in secular affairs Discreet as to minister to every man his portion according to his rank and dignity remembring that which is said Blessed is he which considereth the poor and needy Psal. 41. for it is not sufficient for us simply to give away the goods of the Church so to keep our selves clear from devouring or stealing of them but we must wisely consider every mans necessity how he falleth