of all Nations For God was to be worshipped before in and after the Law and though the Law had never been given but his worship could not be without Ministers nor his Ministers without maintenance and therefore the maintenance of his Ministers was the maintenance of his worship and consequently the tithes applied to the one extended to both God himself doth so expound it Mal. 3. 8 where he tearmeth the not-payment of Tithes to bee his spoil and wherein his spoil but in his worship and how in his worship but by taking from him the service of his Ministers the Priests and Levites who being deprived thereof could neither perform his holy rites in matter of charge nor give their attendance for want of maintenance So that herein the children of Israel were not onely guilty of that great sinne committed against piety in hindering the worship of God but of the crying fin also committed against equity in withholding the wages of the labourer his Ministers and consequently of that monstrous and foul sin of Ingratitude which Jacob in vowing of his Tithes so carefully avoided To come to the other point before spoken of the disposing or employment of the Tithes after they were paid that is when they were out of the power of them that paid them and at the ordering of the Levites that received them it cannot be denied but therein were many ceremonies as namely in the sanctifying of them in the eating them in the Tabernacle the eating of them by the 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. 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 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
want it in the chiefest of all that is in our habitations Againe he commandeth that they should be Hospitales Goodhouskeepers how should they be so if they have no houses to keep John Baptist lived in the wildernesse it is true and he was commended for it Christ did not so though he frequented the fields yet in that he gave no Commandement that his disciples should follow him for he appointed them to remaine in other mens houses What that they should goe sojourne where they listed The Commandement hath nothing to the contrary but the meaning is thereby apparent they must have habitations provided for them or else shake off the dust of your feet against them Mat. 10. 14. as much as to say let them be accursed So then our Saviour hath not repealed the Law of providing for the Levites unto his Ministers He could not give them Cities to possesse for his kingdome was not of this world But he appointed them to such places as themselves should choose among the children of the Gospell Doeth this differ from the Commandement of providing Cities for the Levites Doubtles no for as the Logitians say Conveniunt in eodemtertio They agree in this that the Ministers must have habitations provided for them as well in the Gospell as the Levites had under the Law Oh but they must have no inheritance among their brethren for the Lord is their portion Numb 18. 24. It is true the Lord hath communicated with them his owne portion viz. his tithes and his offerings as he did with the Levites therefore as the Levites had no share in the division of the Land so our Ministers must have no share with us in tilling the Land matters of husbandry for they are called from secular cares to spirituall contemplation but after the Israelites had their shares in the Land they yeelded portions to the Levites for their convenient residence and so must wee for our Ministers And so still the conclusion is they must be provided for Which to shut up the matter is invincibly ratified by our Saviour himselfe who in sending forth his disciples would not suffer them to take the least implements of sustenance with them because he would put them absolutely upon the care and charge of the congregation alledging a Maxime of the morall Law for warranty thereof that the labourer is worthy of his hire Mat. 10. 10. And therefore into whose house soever yow enter stay there Mat. 10. 11. CAP. V. What part in reason and by direction of Nature might seeme fittest for God It being agreed that some part by the Law of Nature is due unto God out of all the time of our life and the goods that we possesse it is now to be examined how far this Law of nature or reason may lead us to the discovery of that part or portion For which purpose we must for a while lay aside Canonicall Divinity I mean the Scriptures and suppose our selves to live in the ages before the Law was given that is in the time of nature And then let us propose this question to the Sages of that world and see what answer we are like to receive from them And first touching this question What portion of our time or goods were sittest for God It is like they would have considered the matter in this manner That God hath not any need either of our time or goods and that therefore he requireth them not in tanto that is to have so much and no lesse But on our parts it is our duty to yeeld unto him as much in quanto as we can conveniently for beare over and besides our necessary maintenance So that as Bracton saith of Hyde that tenants are to yeeld unto their Lords it must be honorarium Domino and not grave tenenti so much as the Lord may be honoured by it and the tenant not oppressed wherein if a second third or fourth part be too much so a twentieth or thirtieth seem also too little As God therefore desireth but an honourary part not a pressory so reason should direct us to give him that part wherein his own nature with the respects aforesaid is most properly expressed for the maxime or axiome which our Saviour alledged Date Deo quae Dei sunt give unto God the things that are Gods is grounded on the Morall law originally and therefore examining among numbers which of them are most proper and resembling the nature of God we shall finde that seven and ten above all other perform this mystery and that therefore they are most especially to be chosen thereunto therefore God in the Creation of the world following the light of nature chused the seventh part of the age thereof as Philo Judaeus in his Book De fabricatione mundi pag. 36. hath with singular and profound observations declared And because it may be demanded hereupon why he should not by the same reason have the seventh part of our goods also I answer that as touching the time of our life he giveth that unto us of his own bounty meerly without any industry on our part so that whether we sleep or wake labour or play the allowance thereof that he maketh unto us runneth on of its own accord and therefore we owe him the greater retribution out thereof as having it without labour or charge But as for the fruits of the earth we have them partly by our own labour though chiefly by his bounty and therefore he therein requireth his part as it were with deduction or allowance of our charges seeking another number be fitting the same The first place in Scripture wherein a Priest is mentioned is Gen. 14. 18. where Melchisedek is said to be the Priest of the most high God there also are tithes spoken of and paid unto him v. 20. Abraham gave him tithes of all The first place also where an House of God or Church is spoken of is Gen. 28. 18 22. there also are tithes mentioned and vowed unto God even by that very name whereby Parish Churches upon their first Institution in the Primitive Church were also styled that is by the name of Tituli Gen. 28. 22. Lapis iste quem posui in titulum erit Domus Dei omne quod dederis mihi decimas prorsus dabo tibi wherein it seemeth the Primitive Church at that time followed the translation then in use for Damasus in the life of Euaristus Bishop of Rome Anno 112. saith Hic titulos in urbe Roma divisit Presbyteris Tom. Concil 1. pag. 106. And speaking after of Dionysius who lived Anno 260. he saith Presbyteris Ecclesias divisit coemeteria Parochiasque Dioeceses constituit Tom. Concil 1. pag. 206. Thus Church and Tithe went together in their first Institution If there be no mention after of Tithes in the Scripture till the time of Moses that is no reason to exclude them for so also is there not of any House of God or Priest yet no man
have his portion Of all that thou shalt give me saith Jacob will I give the tenth unto thee and in the Gospel the Pharisee though braggingly yet according to the use of the righteous of that time saith I give tithe of all that I possesse as it seemeth even of his goods and dead commodities as of the fruits of the earth For I suppose that the Ancients paid tithes in two sorts some ex praecepto others ex arbitrio or placito some by commandement of the Law others out of their free-will and benevolence In the 31. of the 2 Chron. v. 6. it is said They brought the tithes Boum pecudum of oxen and sheep things tithed before whilest they were young as I conceive and not now again to bee tithed when they were grown to their full ages So in the 10. of Nehe. 37. they brought first-fruits of their dough yet no doubt their dough was tithed before in the corn it was made of therefore I take these tithes to be tithes ad placitum in the election of the party whether he will give them or not but if he doe allot them to God he is tyed like Ananias and Sapphira to perform them faithfully for they then become due ex praecepto for he that voweth unto the Lord is commanded not to break his promise Numb 30. 3. And these kind of tithes no doubt were often paid by the godly sometime upon generall occasion as that of Hezekiah sometime of particular as that pretended by the Pharisee Military spoil and the prey gotten in war is also tithable for Abraham tithed it to Melchisedek and thereof if we may depart a little out of the circle of holy Scripture into the Histories of the Gentiles who even by instinct of nature found this duty to belong unto God we abound with examples thereof as paid by Cyrus at the taking of Sardis by Furius Camillus upon the overthrow of the Veians by Alexander the great upon his conquest of Arabia when he sent a whole ship laden with frankincense for the Altars of his gods But occasion to speak of these shall serve me better afterward and therefore to return to that is more materiall The example of Abraham in this point of tithing the prey teacheth us also that we give God a tithe out of every accession of wealth that he sendeth to us in any course whatsoever so that the gains of buying and selling and the great improvement arising by merchandise is under this title both registred and commanded I know not what the rich City of London doth in this kind but I read in Herodotus that the poor Samians yeelded at one time sixe talents to that purpose and that the Siphnians out of their silver and gold Mines sent so great a tithe to Delphos as the richest man of that age was not more worth St Augustine saith Vnusquisque de quali ingenio aut artificio vivit de ipso decimam Deo in pauperibus vel in ecclesiis donet Let every man out of the trade or craft whatsoever he liveth by give God the Tithe De rectitud Cathol conversat Tractat. Tom. 9 f. 250. CAP. XVII That things offered to God be holy I Must first explain what I mean by holy and that is not that they are divine things or like those of the Sanctuary which none might touch save the anointed Priests But like the lands and possessions of the Levites mentioned in Leviticus that were said to be holy and separate from common use and separate from man Levit. 27. 28 29. that is from the injury of secular persons and to be onely disposed to and for the service and servants of God defensum munitum ab injuria hominum N. F. de rer divis L. sanctum as the persons of Emperors and Kings are said to be holy and sacred for as the Altar sanctifieth the offering Mat 23. 19. so these things being offered to God are by this very act of oblation made holy and taken so into his own tuition as they may not after be divorced Wo be therfore to the Scribes and Pharisees that devour widows houses Mat. 23. 14. how much more wo then unto those that destroy the house of God and by divorcing Christ from his Spouse the Church make him also a widower and his Church a widow and so devour both the widows house and the widow her self But some are of opinion that the Church it selfe is no longer holy then while the service of God is in hand therein as the Mount and the Bush were no longer holy then while God was there and by that reason a Church and an Ale-house are of like sanctity for a man may preach in an Ale-house and minister the Sacraments in an Ale-house and occasion sometimes doth necessarily require it And what is their reason hereof why their reason is that consecration of places and of the implements belonging to the service of God were Leviticall ceremonies and therefore ended with the Leviticall Law These men reason as if before the Leviticall Law there had been no rules of Gods honour and as though the Morall Law and the Law of nature taught us nothing therein Doth not God himself leave the precepts of the Leviticall Law and reason with the Israelites out of the Law of nature Mal. 3. when he saith will any man spoil his goddesse as if he should say that the Law of nature hath sanctified those things that are offered unto God and therefore will any man violate the Law of nature Doth not Saint Paul reason also in the same sort when he saith Despise ye the Church of God 1 Cor. 11. 22. If I should apply the places of Scripture that are spoken of the great reverence of the Temple it would be said that that were Leviticall but the office of the Temple was Morall as well as Leviticall and therefore though these be ended yet the other the Morall remaineth When Christ had cast the oxen doves that were for the Leviticall service out of the Temple yet he said that it was an house of Prayer as figurating that after the ceremonies were ended and gone yet the Morall office of the Temple to be an house of Prayer still remained Saint Paul 1 Cor. 11. 22. when he saith Despise yee the Church of God speaking it as if he wondred that any should be so irreligious or rather sacrilegious to despise the Church and no man I think doubteth but that this was spoken of the materiall Church for he blameth them that did use unseemly drinking in the Church See the first Treatise of the rights and respect due § 10. Of the three severall places and three functions of the Temple and how the last continueth holy for Prayer Doctrine and instruction of the people which therefore had in it no Ceremoniall implement at all CAP. XVIII Tithes must not be contemned because they were used by the Church of Rome IF we should reject Tithes because
might not possesse Tithes and Church livings though granted by Kings and Bishops but must restore them CAP. XXI In what right tithes are due and first of the law of nature VVE have said in our definition that they be due unto God now we are to shew by what right and to prove it First therefore I divide Tithes into two sorts Morall and Leviticall Morall are those which were due to God before the Law given in the time of nature Leviticall are those nine parts assigned by God himself upon giving the Law unto the Levites for their maintenance the tenth part being still reserved to himself and retained in his own hands Morall tithes were paid by man unto God absque praecepto without any commandement Leviticall tithes were paid by the Israelites unto the Levites as transacted and set over by God unto them pro tempore for the time being and that by an expresse Canon of the Ceremoniall law To speak in the phrase of Lawyers and to make a case of it God is originally seised of tithes to his own use in dominico suo ut de feodo in his own demesne as of fee-simple or as I may say Jure Coronae and being so seised by his Charter dated year after the Flood he granted them over to the Levites and the issue male of their body lawfully begotten to hold of himself in Frank-Almoigne by the service of his Altar and Tabernacle rendring yearly unto him the tenth part thereof So that the Levites are meerly Tenants in tail the reversion expectant to the Donor and consequently their issue failing and the consideration and services being extinct and determined the thing granted is to revert to the Donor and then is God seised again as in his first estate of all the ten parts in fee. But we must prove the parts of the case and first the title namely that he was seised in fee of originall Tithes that is that originall Tithes doe for ever belong unto him Hear the evidence which I will divide into three parts as grounding it first upon the law of Nature secondly upon the Law of God and thirdly upon the Law of Nations CAP. XXII How far forth they be due by the Law of Nature VVHen I said by the Law of Nature my meaning is not to tiemy self to that same jus naturale defined by Justinian which is common to beasts as well as to men But to nature taken in the sense that Tully after the opinion of others delivers it to be Vim rationis atquè ordinis participem tanquam via progredientem declarantemque quid cujusque causa res efficiat quid sequatur c. the vertue and power of reason and order that goeth before us as a guide in the way and sheweth us what it is that worketh all things the end why and what thereupon ensueth or dependeth This by some is called the Law of Nature secondary or speciall because it belongeth onely to reasonable creatures and not generally to all living things in respect whereof it is also called the law of reason and it is written in the heart of every man by the instinct of nature as Isidor faith not by any legall constitution teaching and instructing all Nations through the whole world todiscern between good and evill and to affect the one as leading to the perfection of worldly felicity and to eschew the other as the opposite thereof This is that law written in the hearts of the Heathen made them to be a law unto themselves as it is said Rom. 2. 14. and by the instinct of nature to doe the very works of the Law of God with admirable integrity and resolution This is that Law that led them to the knowledge of God that they had whereby they confesse him to be the Creator supporter and preserver of all things seeing all things knowing all things and doing whatsoever pleaseth himself to be omnipotent eternall infinite incomprehensible without beginning or end good perfect just hating evill and ever doing good a blessed Spirit and as Plato calleth him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the greatest Spirit that giveth all good things unto man that guideth his actions and blesseth his labours All this and much more did the very Heathen by this Law of Nature conceive and pronounce of God and therewithall confessed that by reason thereof they were justly tyed to yeeld him all service honour obedience praise and thanksgiving but wanting graceto direct them above nature in the right ways thereof they first swarved on one hand then on the other and at length they fell into their innumerable superstitions and idolatries yet as they concurred with us in these fundamentall points of Christian confession touching the nature of God so did they likewise in the fundamentall course of serving and worshipping him as by prayer to crave blessings by hymnes to celebrate his praise by oblations to shew their thankfulnesse to him by sacrifice to make atonement with him for their sins and trespasses by honouring and maintaining his servants Priests Ministers to expresse the honour love and reverence they bear unto himself Some are of opinion that they learned much of this from the children of God So Ambrose alledgeth that Plato did of Jeremy the Prophet meeting him in Aegypt but it appeareth that Jeremy lived before Plato almost 300. years yet it is doubtlesse that with their bloud and linage they deducted many particular rites and ceremonies from Noah and his Nephews but these notions I speak of rise out of the very law of nature written in their hearts by the finger of God as S. Augustine witnesseth saying Quis scribit in cordibus hominum naturalem legem nisi ipse Deus who writeth the law of nature in the hearts of men but God himself and Calvin agreeth that the knowledge of God is naturally planted in the mindes of all men Do we not see at this day the very barbarous and almost savage Indians agree in effect most of them aforesaid touching the nature of God and the course of worshipping him also yea in the five ways we spake of viz. by prayer by songs by offerings by sacrifice and by honouring and maintaining his Priests and servants who taught them this if not the very law of nature Me thinks I hear some answer me the Devill and I must answer them that it is true the Devil taught them to pervert these notions but it is God that wrote them originally in their heart though the Devil hath choaked and corrupted them But say that the Heathen learned these of the children of God whence did the children of God learn it themselves before the Law was given who taught Cain and Abel to offer their first-fruits to sacrifice Abraham and Jacob to give tithes of all that they had Lactantius saith that the law of nature taught to give offerings to God and the practice of all the Nations of the world in all ages and in all religions confirmeth
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 Cyro l. 5. Alexander the great having conquered the Countries of sweet odours and frankincense sent a whole ship-loading thereof to Leonides in Greece that he might burn it bountifully unto the Gods Plin. li. 12. c. 24. Posthumius having overthrown the Latines paid the tithes of the spoil as before he had vowed Dionys. Halicar li. 6. Livius Nebuchodonosor did the like too bountifully as Josephus reporteth it to the Temple of Belus Ant. l. 10. C. 13. Rhodopis a Thracian woman before the time of Cyrus gave the tenth part of all her goods unto Delphos Herodot Euterpe pag. 139. The Crotoniati warring upon the Locrenses vowed the tenth part of the spoil to Apollo but the Locrians to exceed them in their vow vowed the ninth part Alex. ab Alex. 165. Agis King of Lacedaemon went to Delphos and there offered his Tithe unto God Xenophon de rebus gestis Grae. li. 3. Agesilaus conquered so much of his enemies Country that in two years he dedicated above an hundred talents to God for the Tithe Xenoph. de Agesil laud. The Liparians having overcome the Hetruscians in many sea battails sent the Tithe of the spoil to Delphos Diodor. 292. l. 40. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The custome of the ancient Gauls and so likewise no doubt of our Brittish Ancestors was to give all in effect that they got by the wars unto their gods as Caesar witnesseth and to sacrifice the cattell so taken De Bell. Gal. lib. 6. 132. And this use of Tithing the spoile obtained in war was every where so ordinary that Croesus the King of Lydia being overcome by Cyrus and taken into mercy told him as advising him for his good that he must of necessity render the Tithe of the spoil unto Jove and that he should therefore set a guard at every gate of the City to prevent the soldiers from embezling of it Herodot in Clio. li. 1. p. 36. I reckon up these particulars the more willingly to beget shame and remorse if it were possible in the soldiers of our time that having been exceedingly enriched in this kind have not I fear remembred God with so much as Croesus did when he sent no more but his iron shackles to Delphos Herodot ib. fo 37. Yet God had 7000. servants that Elias knew not of and therefore I will not judge them As Military men abounded thus with devotion so those of peaceable professions came not behinde them for Festus witnesseth lib. 4. p. 213. l. 67. That they of the old world offered every tenth thing unto God and Varro in his Book De re Rustica adviseth every man to pay his Tithes diligently of the fruits of his ground Therefore because the Sicilians were more happy in corn then other Nations they exceeded all other in thankfulnesse to Ceres as appeareth by Diodor. Sic. 288. in pede c. And for that the Athenians were next in that felicity they did the like and instituted further in her honour initia Eleusina i. the feast of the first-fruits which for the great antiquity and holinesse thereof were as Diodorus reporteth celebrated of all the people of the world Pliny saith the Arabians tithed their frank incense to their god Sabin not by weight as sparingly but by measure as a more bountifull manner Lib. 12. ca. 24. pag. 184. L. 57. The Aethiopians cut not their cinnamon but with prayers made first to their gods and a sacrifice of 44. Goats Rams and then the Priest dividing the cinnamon took that part belonging to their god and left them the rest to make merchandise of Plin. l. 12. ca. 19. fol. 286. in pede The Siphnians sent at one time so great a Tithe out of their silver and gold mines to Delphos as the richest man of that age was not more worth Herodot Thalia lib. 3. fol. 180. The Romans and generally all Nations paid the Tithe of their fruits to Hercules and they held it the happyest thing to vow the payment of them faithfully and they thought that the cause that Lucullus abounded so much above other in wealth was that he paid his Tithe so faithfully Alex. ab Alex. lib. 3. 165. As they paid their Tithes out of the fruits of the earth so did they likewise out of their privy gains and industry Herodotus writeth that the Samians a small people yeelded at one time six talents for the Tithe of their grain gotten by merchanchise Melpom. li. 4. 267. And that nothing might goe untithed the Ancients paid a Tithe of the very beasts killed in hunting namely the skins thereof to Diana Et penet in Trivia Dives praedae tamen accipit omni Exuvias Diana
But among these there is no mention of the first-born of any unclean beast but onely the Asse and no mention at all of the tithe of cattell Thus a learned Author observeth out of the Rabbins All these severall tithes oblations and duties were paid not deducting nor accounting their charges and labour of the husbandman and yet they among their aphorismes both divine and morall doe tell us that as the Masoreth is the defence of the Law so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Maighsheroth seag Laighsher that is tithes paid are the defence of riches so God promised Mal. 3. Bring ye all the tithes into the Store-house that there may be meat in my house and prove me herewith saith the Lord of hosts if I will not open you the windows of heaven and pour you out a blessing that there shall not be room enough to receive it And one notes that at this day when they have no Temple nor Priesthood Qui religiosiores sunt inter Judaeos loco decimarum eleemosynam pendunt de omnibus lucris decem aureos de centum centum de mille as Mr Selden observeth in his Review cap. 2. Yea they paid not onely their tithes but their first-fruits also wherein they were so liberall in some ages that even from the abundance of first-fruits paid by the owners to the Priests there was not a Priest in the 24. courses of them but might be accounted a very rich or largely furnished man as Mr Selden observeth out of Philo and that they prevented the officers in demanding of them paid them before they were due by Law as if they had rather taken a benefit then given any both sexes of their own most foreward readinesse in every first-fruit season brought them in with such courtesie and thanksgiving as is beyond all expression whereas in these times under the Gospel the Priesthood is far more excellent then that of the Law and the Clergy deserves infinitely more then the old Priests and Levites whose employment is not to light candles snuffe lamps set bread upon the table kindle fire put incense at the Altar to kill slay and hew beasts in pieces but have incumbent onus even Angelis formidabile if men would rightly understand what they undergoe or others value what these sustain They have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the souls of men which is an office no temporall satisfaction can countervail accountable to God for themselves and others Their study labors after long and chargeable education in reading watching preaching praying visiting the sick are fully expressed by this learned Author cap. 14. Yet the husband-man payeth now but one tenth to the Clergy and no particular tithe for feasts or to the poor or other uses as the Israelites did But the Clergy now besides out of their smal receits bear the burden of tenths and first-fruits to the value of thirty thousand pounds yearly imposed on them lately whereas tenths were not annually paid before the 26 H. 8. which Statute was repealed by Q. Mary but at some times but they were a Popish invention at the first and onely of late years though now continued yearly and further charges imposed in taxes to the poor and subsidies to the publique in a greater proportion then by the Laity provision of arms also though their tithes and dues are abated and cut short more then anciently not onely by fraud and false payment but also by unconscionable small rate-tithes and customes almost in every Parish And also many great estates wholly discharged of tithes as Cistercian lands and those of the Templars and Hospitalers who had thirty thousand manours in Christendome whereof a great part were in England by the Popes pretended priviledges and exemptions though we abhorre and detest the Pope yet for our profit we make use of his Buls and authority all which losses and charges are not to be forgotten though we submit under them patiently as our Saviour Christ did to pay tribute when it was not due Mat. 17. And this we yeeld unto further though we have lost almost all the ancient priviledges and immunities which were formerly granted to the Clergy which were given that they might be encouraged to attend their studies without distraction or avocation by secular troubles The ancient Kings and Parliaments allowing many freedomes from severall services impositions and taxes as appears by many Laws and Charters in the first Tome of our English Councels see the title De libertatibus Ecclesiae and by Lord Coke in the second of his Institutes upon Magna Charta pag 3 4. where he reckoneth up many priviledges and how Ecclesiastic all persons ought to be quit and discharged of tols and customes as avirage pontage paviage and the like from distresses by Sheriffes and many others but as he there confesseth they are now lost or not enjoyed though anciently they had more and greater liberties then other of the Kings subjects but now no men are more burdened with taxes and impositions that we are become in the sight of too many men as the filth of the world and the off-scouring of all things as the Apostle complaineth 1 Cor. 3. And whereas this Author sheweth ca. 3. how the habitation of the Minister should be as becommeth students and men of contemplative life under their own command and solitary It now happens that no mens habitation is more troubled with vexations and souldiers quartered upon them Besides the Priests and Levites had the ransomes of the first-born both of man and beast great benefit by severall kinds of sacrifices and head-money paid yearly and many other perquisites and to what a sum saith Philo these might amount may be guessed by the populousnesse of the Nation and further they had 48. Cities set out by Joshua cap. 21. for their habitations and two thousand cubites about them each cubit being a full yard besides one thousand next the wals for their cattell whereunto were added 20. cities more in processe of time when the number of the Tribe was increased greatly as this Author sheweth ca. 3. And all this they had though the Tribe of Levi was not near a tenth part of the people which yet is an errour that hath possest some great Names as M. Selden well observeth they thinking there was such a proportion of the Tithes and the receivers and have rested therefore fairly satisfied in this that the Levites being one of the 12 Tribes had the tenths as a competent maintenance to themselves being near the tenth that is being the twelfth part of the people as if arithmetically the people and the revenues had been divided but long since the sleightnesse and falshood of this fancy hath been discovered And clearly had such a proportion of persons and the name of tenth held yet examine all that was paid to the Priests and Levites in first-fruits and the severall prediall tenths onely and it will be neer a fifth part to omit the Cities and suburbs but
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 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 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 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 Assyrtans 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 â—ities 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 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 called and wakened as he did in the ship with Peter but as he is our 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he will come forth of himself and meet them and give them bread and wine as Melchisedek did to strengthen and confirm them that is the other sacrament of the body and bloud Then as a perpetuall high Priest and Mediator he doth blesse them and make intercession for them as Melchisedek did Abraham and his spirituall posterity in the person of Abraham as well Jews as Gentiles for in the person of Abraham Melchisedek blessed both the Jews as his children by Circumcision and the Gentiles as his children by faith Then must wee doe as Abraham did in his own and our person give tithe of all to Melchisedek and his Substitutes Melchisedek gave bread and wine really and we must also as Abraham did give him the tithe really And this tithe was not given to Melchisedek as a Leviticall duty but as a duty belonging to God both before the Law and in the time of the Gospel for Melchisedek met not Abraham with oblations and sacrifice like a Priest of the Law but with bread and wine the elements of the sacrament of the Gospel which in figure thereof are onely remembred in this place by the holy Ghost though Josephus mentioneth many other rich gifts at this very time plentifully given by Melchisedek to Abraham So that if Melchisedek in the person of Christ received tithe then doubtlesse is tithe due unto Christ and consequently to his Ministers This is the first place in Scripture wherein tithes be mentioned therefore some may think it the first time they were paid but that is no argument for so it is the first place where a Priest is mentioned yet no doubt Priests were before Noah performed the Priests office when he built an Altar and offered of every cleane beast and fowl upon it Gen. 8. 20. And it is very likely that Melchisedek himself had borne the office of a Priest many hundred years before he met Abraham though the Scripture doth not mention him till the meeting for if it be lawfull to enquire of that the holy Ghost revealeth not many great Divines are of opinion that he was Sem the son of Noah whom the Salemites had made their King and it may well be for it appeareth in Gen. 11. that Sem lived 600. years whereof 502. after the Floud and of them 209. in the life of Abraham So that to those of that new world that Abraham lived in I mean after the Floud he might well seem without father or mother or any beginning being born almost 100. years before the Floud and to have been a Priest for ever And then in like consequence he might have received tithes of divers other before he thus met Abraham for that use was common long before among the Heathen and likely it is that the Heathen rather learned it of the children of God then that the children of God should learn it of them as Hemmingius would have it who saith that Abraham gave these tithes of his own accord following therein without all doubt the manner of Conquerors which were wont to confecrate the tithe of the spoil unto their gods or to bestow it upon their Priests I read in Ovid that Bacchus who lived before this time having conquered the Indians and other Nations sent the first-fruits of the spoile magno Jovi to great Jupiter but whether Abraham either heard of it or took it for a Precedent that cannot I tell Te memorant Gange totoque oriente subactâ— Primitias magno supposuisse Jovi Cinnama tu primus captivaque thura dedisti Deque triumphato viscera tostabove Fastor li. 3. The next place
of Scripture mentioning tithes is the 28. Gen. ver the last Jacob going upon his adventure voweth that if God will be with him in his journey and give him meat and cloth and so that he return safe then saith he the Lord shall be my God and this stone which I here set up as a pillar shall be Gods house and of all that thou shalt give me will I give the tenth unto thee Romulus made the like vow for building the Temple to Jupiter Feretrius upon Mount Palatine Tatius and Tarquinius upon Tarpeius William the Conquerour for Battail Abbey But Hemmingius cannot say that Jacob did it by their example for they lived too too long after him I think rather that the law of nature and reason taught all Nations to render honour thanks and service unto God and that the children of God being more illuminate in the true course thereof then the Heathen by the light of reason could be first began the precedent and that then the Heathen dwelling round about them apprehended and dispersed it for the use of paying tithes even in those first ages of the world was generall as hereafter shall appear But Iacob doth not here bargain and condition with God that if God will doe thus and thus that then he shall be his God and that he will build him an house and pay him tithe and otherwise not but he alledgeth it as shewing by this means he shall bee the better enabled to perform those debts and duties that he oweth unto God and will therefore doe it the more readily The actions and answers of the Sages are in all Laws a law to their posterity Iustinian the Emperour doth therefore make them a part of the Civill Law The common Lawyers doe so alledge them and the Law of the holy Church hath always so received allowed them And though Saint Augustine saith that the examples of the righteous are not set forth unto us that thereby we should be justified yet he addeth further that they are set forth to the end that we by imitating them may know our selves to be justified by him that justifieth them Why then should we now call tithes in question since we find them to be paid and confirmed by two such great Sages and Patriarchs Abraham Iacob Yea their payment practised generally by all the Nations of the world for 3000. years at least never abrogated by any Law but confirmed also by all the Fathers and Doctors of the Church and not impugned by a single Author as far as I can find during all the 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 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 aedes sacrae And to shew that they were commanded by the Leviticall 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 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 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 Ministry and them in necessity the one being the image of our faith the other of our works for seven
gifts as were made to the Church against the honour of God but to those onely that were for maintenance of his Word and Ministery which if they were lawfully conferred as no man I think doubteth but they were then let us consider how fearfull a thing it is to pull them from God to rend them from the Church to violate the dedications of our Fathers the Oaths of our Ancestors the Decrees of so many Parliaments and finally to throw our selves into those horrible curses that the whole body of the kingdome hath contracted with God as Nehemiah and the Jews did Nehem. 10. should fall upon them if they transgresse herein For as Levi paid Tithes in the loins of Abraham Heb. 7. so the lawfull vow of the fathers descendeth upon their children And as the posterity of Jonaâ—ab the sonne of Rechab were blessed in keeping it Jer. 35 18 so doubtlesse have we just cause to fear the dint of this curse in breaking this vow Say then that Tithes were not originally due unto God and that there belonged no portion of our Lands unto his Ministers yet are we in the case of Nehemiah and the Jews Nehem. 10. 32. They made Statutes by themselves to give every year the third part of a shekel for the service of the house of God And our fathers made Laws amongst themselves to give a portion of their Land and the tenth part of their substance that is these Parsonages for the service of the house of God If they were not due before they are now due For when thou vowest a vow unto the Lord thy God thou shalt not be slack to be pay it for the Lord thy God will surely require it of thee and so it should be sin unto thee Deut. 23. 20. Therefore S. Peter reasoning the matter with Ananias telleth him That whilest his land remained in his hands it appertained unto him and when it was sold the money was his own Act. 5. 4. he might have chosen whether he would give them God or not but when his heart had vowed his hands were tied to perform them he vowed all and all was due not by the Levitical law which now was ended but by the Morall law which lasteth for ever for Job being an Heathen man and not a Jew saith also Thou shalt make thy prayer unto him and he shall hear thee and thou shalt render him thy vows Job 22. 27. If the King give a gift of his inheritance to his son his son shall have it if he give it to his servant his servant shall have it Ezek. 46. 16. If the King then give a gift to his Father that is to God Almighty shall not God have it or the servant to his Master and Maker shall not he enjoy it Who hath power to take that from God which was given unto him according to his Word can the Bishops can the Clergy give this away no they are but Vsufructuarii they have but the use of it the thing it self is Gods for the words of the grant be Concedimus Deo we give it to God not to the Bishops Therefore when Valentinian the Emperor required the Church of Milan of that noble Bishop S. Ambrose O saith he if any thing were required of me that were mine as my land my house my gold or my silver whatsoever were mine I would willingly offer it but saith he I can take nothing from the Church nor deliver that to others which I my self received but to keep and not to deliver CAP. XXVIII Tithe is not meerly Leviticall How it is and how not and wherein Judiciall TIthe is not simply a Leviticall duty but respectively not the naturall childe of Moses Law but the adoptive Consider first the action and then the end the action in payment of them the end in the employment or disposing of them The action of payment of them cannot be said to be properly Leviticall for divers reasons First it is much more ancient then the Leviticall Law as is already declared and cannot therefore bee said to begin by it or to be meerly Leviticall Secondly the manner of establishing of it in the Leviticall Law seemeth rather to be an annexion of a thing formerly in use then the creating or erecting of a new custome for in all the Leviticall Law there is no originall commandement to pay Tithe but in the place where first it is mentioned Lev. 27. 30. it is positively declared to be the Lords without any commandement precedent to yeeld it to him Some happily will affirm the commandement in the 22. Exod. that thou shalt not keep back thy Tithe doth belong to the Leviticall Law though it were given before the Levites were ascribed to the Tabernacle Yet if it were so that is no fundamentall Law whereupon to ground the first erection of paying Tithe but rather as a Law of revive and confirmation as of a thing formerly in esse for detaining and keeping back doe apparently imply a former right and therefore Tithe was still the Lords ex antiquiore jure and not ex novitio praecepto by a precedent right and not by a new commandement Thirdly it containeth no matter of ceremony for if it did then must it be a type and figure of some future thing and by the passion of our Saviour Christ bee converted from a carnall rite into some spirituall observation for so saith Jerome of the legall ceremonies but no such thing appeareth in it and therefore it cannot be said to be a ceremony The whole body of the Fathers doe confirm this who in all their works doe confidently affirm the doctrine that S. Paul so much beateth upon that all legall ceremonies be abolished and yet as many of them as speak of Tithes doe without all controversie both conclude and teach that still they ought to be paid and therefore plainly not to be a ceremony Fourthly the Tithing now used is not after the manner of the Leviticall Law for by the Leviticall Law nothing was tithed but such things as renued and encreased out of the profits of the earth but our manner of tiching is after that of Abrahams who gave tithe of all And this is a thing well to be considered for therein as Abraham tithed to Melchisedek not being of the Tribe of Levi so our Tithing is now to Christ being of Melchisedeks order and not of the Tribe of Levi but of that of Juda whereunto the Tribe of Levi is also to pay their Tithe Fifthly and lastly the end whereunto Tithe was ordained is plainly Morall and that in three main points Piety Justice and Gratitude 1. Piety as for the worship of God 2. Justice as for the wages and remuneration of his Ministers 3. Gratitude as sacrificium laudis an offering of thankfulnesse for his benefits received All which were apparent in the use of Tithes before they were assigned over to the Levites both in the examples of Abraham and Jacob and by the practice
Edward the Confessor as by and by we shall more largely declare And the Kings of France being so likewise consecrated ever since the time of Clodoveus alià s Ludovicus whom Saint Remigius Bishop of Rheimes both baptized and anointed about the year of our Lord 500. have from time to time in all ancient ages exercised the like Ecclesiasticall jurisdiction insomuch that Clodoveus himself being but newly entred into iâ— doubted not to appoint a Councell at Orleans and to call thither the Bishops and Clergy of France but out of the motion of Priestly minde to use the very words of the Councell coÌ„manded the Priests meaning the Bishops to assemble there for debating necessary matters which in his own consideration he had advised upon and delivered to them in heads and titles and they having answered thereunto and framed the Canons of that Councell accordingly did submit them to his judgement and desiring if it approved them himself for greater authority would confirm them Tom. 2. Concil pag. 309 in rescripto Synodi The Kings of Jerusalem and Sicil were also anointed and endowed with Ecclesiasticall authority whereof we shall speak more anon for the right of both these Kingdomes resideth at this present upon the Kings of Spain who till the same came unto them were neither anointed nor crowned and though since that time they have been dignified with both these Prerogatives yet are they not so illustrious in them as in the Kings of England and France for that these are ancient Kingdomes raised by their own power and prowesse and those other of lesse continuance erected by the Pope and not absolute but Feodaries of his Sea And touching that of France also the meer right thereof resteâ—h upon his Majesty of England though de facto another for the time possesseth it So that in this point of unction our Soveraign the King of England is amongst the rest of the Kings of Christendome at this day Peerlesse and transcendent and well therefore might William Rufus say that himself had all the liberties in his Kingdome which the Emperour challenged in his Empire Mat. Paris But I wonder why the Papists should so confidently deny the Kings of England to be capable of spirituall jurisdiction when Pope Nicholas 2. of whom wee spake before in an Epistle to King Edward the Confessor hath upon the matter agreed that it may be so for amongst other priviledges that he there bestoweth upon the Church of Saint Peter of Westminster then newly founded by that vertuous King He granteth and absolutely confirmeth that it shall for ever be a place of Regall Constitution and Consecration and a perpetuall habitation of Monkes that shall be subject to no living creature but the King himself free from Episcopall service and authority and where no Bishop shall enter to give any orders c. Tom. Concil part 3. pa. 1129. a. In which words I note first that the Kings of England in those ancient days being before their Coronation meerly Lay persons were by their consecration made candidati Ecclesiasticae potestatis and admitted to the administration thereof for to what other purpose was Consecration ordained but to make secular things to belong unto the Temple and Lay persons to become sacred and Ecclesiasticall like Jacobs stone in the time of the Morall Law which presently upon the anointing thereof became appropriate to the House of God Secondly he plainly maketh the King head of this Monastery that is of the place it self and of all the persons and members therof which then by consequence he might likewise be of all other Ecclesiasticall persons and places through the whole Kingdome And even that also he granteth in a sort in the end of his Epistle Vobis posteris vestris regibus committimus advocationem tuitionem ejusdem loci omnium totius Angliae Ecclesiarum ut vice nostra cum concilio Episcoporum Abbatum constituatis ubique quae justa sunt So that if the Kings of England be pleased to execute this Ecclesiasticall authority as the Popes Vicar then by this his Charter they are invested therewith and peradventure the Clergy of Rome can never revoke it being granted posteris regibus and the Epistles of the Popes being as Barclayus saith of Nich. 1. to Michael the Emperour as an Ecclesiasticall Law Lib. de potest Papae ca. 2. pag. 13. But in the mean time it is hereby evident which I endeavour to prove that the Kings of England are justly capable of spirituall jurisdiction by the Popes own confession for which purpose onely I here alledge it And to give more life to the matter it appeareth by Baronius that Pope Vrbane the granted not onely as much in the Kingdome of Sicil to the King of Spain being the anointed King thereof but added also to that his Ecclesiasticall jurisdiction divers branches of spirituall power belonging meerly to the keys and not to the sword that is to the very function of a Bishop as namely that of Excommunication All which though Baronius impugneth mainly to be of no validity because that all things are void he saith that the Church doth against her self yet the King of Spain both holdeth and exerciseth this function and jurisdiction onely by the connivency of the Pope but defended therein by Cardinall Ascanius Colonna against Baronius But to leave forain examples and to goe on with our domesticall precedents It is manifest by other ancient Authorities Charters and Manuscripts that the Pope thereby granted no more to King Edward and his successors then the same King and his Predecessors before assumed to themselves For this Epistle could not be written to S. Edward before the end of his reign Nicholas not being Pope till then and in the Laws of the same King before that time published himself doth plainly declare himself to be Vicarius suâ—d â—i Regis not summi pontificis yea and that in the government of the Church For the words of his own Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 17. be these The King because he is the Vicar of the highest King is appointed to this purpose that he should rule his earthly Kingdome and the Lords people and should above all things worship his holy Church and govern it and defend it against them that would wrong it and to pull the evill doers out of it c. So that write the Pope what he will S. Edward here taketh upon him to have the rule and government of the Church of England committed to him from God and not from the Pope and to be Gods Vicar not the Popes wherein he imitated his predecessors for King Edgar speaking of the government of the Church saith in plain tearms that it belonged to himself ad nos saith he spectat And because Casaubon in citing this place out of the Manuscript is charged by Parsons to falsifie it and that it is or should be on the contrary ad vos spectat scil Ecclesiasticos give me leave to defend that worthy man
Anabaptists are more bold in London to take up a publique contestation against them then the Presbyterians to make apology for them for did not one Mr B. C. an Anabaptist manage a dispute against Mr W. I. of Chr. and after that undertake another upon the same argument against M. I. Cr. and offered to proceed in it against all opposition which M. Cr. durst not doe upon pretence of a prohibition from authority Ans. 1. It is no strange thing for men who have a bad cause to set a good face on it and to make out with boldnesse and confidence what is wanting in truth of judgement and strength of argument this is observed of the Papists by a judicious Authour whom he sheweth to have been forward in the offers of disputation with iterated and importunate suits for publique audience and judgement And Bellarmine reporteth out of Surius that Io Cochleus a great Zealot for the Papacy offered to dispute with any Lutheran upon perill of his life if he fayled in the proof of his part of the Questionâ— 2. For the boldnesse of the Anabaptists at this time and in this Cause and this City there may be divers conjectural reasons in particular given thereof besides the generall already observed as 1. Because they advance in their hopes of a toleration of their Sect and to promote that hope they have been so ready to engage in military service with a designe no doubt to get that liberty by force if they be able which by favour of authority they cannot obtain 2. For this matter of Tithes they might be more forward to oppose their tenure because it is a very popular and plausible argument wherein they might have the good wils of the people that they might prevail and their conceits that they did so though they did not because they would be very apt to beleeve what they vehemently desire may come to passe and it is not to be doubted but a dram of seeming probability will prevail more with most worldlings to spare their purses then an ounce of sound reason to put them to charges 3. They might take some encouragement to dispute against Tithes in this City because there is a project to change the maintenance of the Ministers set on foot by many worthy and well-minded Citizens which yet in truth makes nothing for the Anabaptists opinion who would have Ministers maintained by meer benevolence for the Citizens as they intend a more liberall allowance then the former since they see many of their Churches are destitute of Ministers because their Ministers have been destitute of means so they mean that it shall be certain setled by Authority and not left arbitrary to the courtesie of men 3. For the two disputes the one managed betwixt M. W. I. and M. B. C. the other purposed betwixt M. I. Cr. and the same B. C. but disappointed it makes nothing at all for the taking away of Tithes For as touching the former they who were not possessed with prejudice or corrupted with covetousnesse against the truth were much confirmed in the lawfulnesse of such rates as are paid in London under the title of Tithes though indeed they are not Tithes and of such onely was the debate at that time For the intended debate which was to be touching the divine right of Tithes though some godly and prudent men thought it should not have been taken in hand without the warrant of publique authority yet they made no doubt but that the truth of the cause or ability of the man who undertook the defence of it against M. C. would prevail unto victory But for the disappointment it was by the warrant of the Lord Major of the City to them both interdicting the dispute which was both without M. I. Cr. his knowledge and against his good will yet he obeyed the prohibition and when his Antagonist insisted and urged the performance of what was agreed upon notwithstanding the contrary command of the Lord Major his answer was that it was agreeable to the Anabaptists principles to disobey Authority but not according to the principles of Presbyterians And lest B. C. should take it for a token of distrust in his cause and make it an occasion of vain-glory either against the cause or person of M. I. Cr. he proposed the printing of M. B. C. his arguments against Tithes and engaged himself to answer them in print and so to refer both to the judgment of al unbyasâ—ed Readers which was the best way to give clear and full satisfaction to such as doubt on which side the truth is swayed by the most authentick testimony and soundest reasons It is no part of my task for the present to argue farther for Tithes then may answer the doubt you have proposed to me which is of the Parliaments purpose and proceedings touching the establishing or abolishing of them Animadversions upon the late Pamphlet intituled The Countreys plea against Tithes YEt that you may not be scrupled in conscience as you were in conceit by a new petty Pamphlet against payment of Tithes which perhaps may come to your hands I will give you some animadversions upon it which may also be of use to others as well as to you The title of the Booke is The Countryes plea against Tithes with this addition A Declaration sent to divers eminent Ministers in severall parishes of this Kingdome proving by Gods word and morall reason that Tithes are not due to the Ministers of the Gospell and that the Law for Tithes was a Leviticall Law and to endure no longer then the Leviticall Priesthood did c. Wherein the Authors say much in the outside but make no answerable proof in the inside of the Booke They direct it in the Title page as a Declaration to divers worthy Ministers in the Kingdome and in the beginning of the body of the Book they present it as a joynt Declaration of the people of severall parishes for their opinion concerning Tithes as a Reply to certaine papers from some Ministers pretending to prove Tithes due by authority of Scripture It had been faire dealing if they had printed those papers of the Ministers that it might appeare how well they had answered them But for the confident contradiction of the Divine right they alledge 1. The novelty of them in the Christian state 2. The ceremoniality of them as being meerely Leviticall 3. The inequality of them in severall respects 4. The trouble of them to the Minister For the first they referre the originall of them under the Gospell for the author to Pope Vrbane for the time to the three hundredth yeare after Christs ascension and for proofe of both they cite Origen Cyprian and Gregory at large without any particular quotation to find what they cite untill which time say they there was community of all things among Christians But first they should tell us which Vrban it was who they say began to bring Tithes into use for the maintenance of