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
a ninth part that so they might bee sure to pay more rather then lesse then a tenth Ex propensiori in Deum animo ultra decimas nonas dabant pii As this Authour proveth by very many laws alledged in his learned Glossary which shall be produced in due place and time and cap. 11. here following prudently observeth How many things in the beginning both of the Law and Gospel were admitted and omitted for the present and reformed afterward for when the Law was given the wheels thereof could not presently fall into their course and so likewise in the New Testament the Apostles themselves are compelled to many necessities and to suffer many things which were reformed afterwards To which discourse I leave the Reader who may thence receive satisfaction why laws and canons for Tithes and maintenance were not made in the first Ages so exactly and carefully as afterwards they were enacted both by Temporall and Ecclesiasticall powers But as others also observe for succeeding times Churches and Tithes were both miserably overthrown and lost in most of these Western parts of the Empire by the Invasion of the barbarous people Hunnes Goths and Vandals upon the Christian world who first invading Italy under the Emperour Justinian did miserably spoil and harrow the Countrey persecuted the Clergy pulled down Churches robbed Bishops and Colledges overthrew schools of learning and committed all sorts of wickednesse and afterwards they set their face against France where to oppose them Charles Martell would not encounter unlesse the inferiour Clergy would yeeld up their Tithes into his hands to pay his Armies and Soldiers for which sacriledge hee is infamous in the publick Histories to this day especially because he did not restore the Tithes to the Clergy according to his solemn promise after God had blessed him with good successe killing many thousands in one great battail This fact of Martell was done about the year 660. Chr. and no redresse of it till the Councel of Lateran neer five hundred years after Anno 1189. under Alexander the third and this was the first violence that ever Tithes suffered in the Christian world after they left the Land of Jewry and came to inhabite among Christians But by that foot of Charles Martell it appears that the Clergy in his time did hold and receive Tithes and doubtlesse by vertue of laws and canons made in former times witnesse the Councell of Mascon Anno 586. and not so late as about the year 800. which some doe pretend For that Councell of Mascon Can. 5. doth affirm and take them as due by authority and laws of ancient times and also by the Word of God and that they were paid by the whole multitude of Christians So the words of the Canon are expresly Leges divinae consulentes sacerdotibus ac ministris ecclesiarum pro haereditaria portione omni populo praeceperunt decimas fructuum suorum quas leges Christianorum congeries long is temporibus custodivit intemeratas Here is no small testimony as well of ancient practice in paying of them as of great opinion for their being due saith M. Selden ca. 5. § 5. and so Spelman ca. 18. infra So also the phrase used in the fourth Councell of Arles Vt Ecclesiae antiquitus constitutae nec decimis nec ulla possessione priventur and other Provincials of that time and Laws of Charlemain agree with it saith Mr Selden and those phrases must needs refer back to ancient times So Boniface an Englishman Bishop of Ments in an Epistle to Cuthbert Archbishop of Canterbury Spelman Concil p. 241. speaketh of some negligent and unworthy Ministers that did receive Tithes and profits but did not carefully perform their duties wherby it appears that Tithes were then paid though some unworthy men received them And though the originall right be due to God himself yet because hee hath assigned over his right to the Priests in the old Law and now to the Ministers of the Gospel therefore they are to be paid to the Priest or Minister for hee is the Steward of Gods house and in this point no man must respect what condition he is of for the debt is due to his Master not to himself so that whether he be good or bad what condition soever he be of hee standeth or falleth to his own Master as Spelman sheweth Cap. 14. CAP. VII That the service of the Levites was clear altered from the first institution yet they enjoyed their Tithes THere be two sorts of Leviticall service the first instituted by Moses about the Tabernacle Num. 1. The second by David about the Temple In the first the Levites were appointed over the Tabernacle and the instruments thereof to bear it to take it downe and set it up Num. 50. 51. to serve Aaron and his sons and to do the service of the Tabernacle and keep the instruments thereof Numb 3. 6 7 8. The Levites that belonged to this service in generall were 8580. men between the age of 30. and 50. years and the chiefest occasion of their service was upon the removing of the host for better ordering whereof it was divided amongst them into three parts The 1. to the Kohathites Numb 3. The 2. to the Gershomites The 3. to the Merarites First the Kohathites were 2750. men and their office was about the Sanctuary Numb 4. 36. or Holiest of all Num. 4. 4. under the government of Eleazar the Priest Numb 3. 32. to bear the Ark of the testimony and all the instruments of the Sanctuary The covering vail which divided the Sanctuary and the Holiest of all the Table of shew-bread the dishes the incense the incesecups the goblets and coverings to cover it with and the bread that shall be thereon continually v. 7. the Candlestick with the Lamps Snuffers Snuffe-dishes and the oyl Vessels thereunto belonging v. 9. the golden Altar for incense v. 11. and the instruments wherewith they minister in the Sanctuary v. 12. The Altar of burnt-offering with the instruments thereof which they occupy about it viz. the censers the flesh-hooks and the basons even all the instruments of the Altar v. 14. But these being the holiest things were to bee taken down and trussed up by the Priests some of them in blew silk some in scarlet some in purple cloth all in badgers skins and the barres and carriages to be put to them by the Priests as is prescribed Numb 4. and then the Cohathites came and bare them away but touch them they might not lest they die v. 15. nor see them when they were folded up v. 20. and Aaron was to appoint what part every man should bear v. 19. The Gershomites were 2630. men Num. 4. 40. under the hand of Ithamar the Priest the other sonne of Aaron Their office was to bear the curtains of the Tabernacle and the Tabernacle of the congregation his covering and the covering of badgers skins that is on high upon it and the vail of the door of the Tabernacle
quae vivit c. because all things whereby he liveth are Gods whether it be the Earth or Rivers or Seas or all the things that are under or above the heavens Abraham and Jacob paid tithes and therein bound all whosoever bee of their posterity to doe it Even Levi himself who after received tithes of his brethren was bound thereby and paid them in the loins of Abraham as it is said in the 7. Heb. 400. years before he was born and we also as Abrahams children For if the Levites themselves that as the mean Lord to use the Lawyers tearm received tithes of their brethren were not freed from paying them over to the Lord Paramount God Almighty how much more are all wee bound of what sort and condition soever to pay them likewise But some happily will ask if the Levites paid tithes yea they did pay the tenth part of their living to God as well as their brethren as before wee have touched it in speaking of the heave-offering and as it is manifest in the 18. of Numbers v. 26. Speak unto the Levites saith God to Moses and say unto them when ye shall take of the children of Israel the tithes which I have given you of them for your inheritance then shall you take elevationem an heave-offering of the same for the Lord even the tenth part of the tithe which in the next verse save one they are commanded to deliver to Aaron Gods generall Vicar in spirituall function And in the 10. of Nehem. it is further said The Priest the sonne of Aaron shall bee with the Levites when the Levites take tithes and the Levites shall bring up the tenth part of the tithes unto the house of our God unto the chambers of the treasure house So then the Levites themselves paid tithes and by their example the Clergy of our time must doe it likewise but the question will be then to whom First let us see what became of these tithes Paramount thus laid up in the treasury We must understand that the Treasury of the Temple was not particularly for that purpose but for the guests and offerings also whatsoever dedicated and given to God and I find that of this Treasury there were 3. sorts Mesack where the munificent gifts of Kings and Princes were laid up Corban where those of the Priests and Gazophylacium whereinto the people and all passengers brought their offerings and into which the poor widow as it seemeth cast her two mites I find not any particular limitation of these Treasuries but the common end of them all was to be employed upon things necessary for the house and service of God and for relief of the poor and of orphans widows and strangers Josephus expoundeth Corban for the very gift it self offered by them that dedicated themselves to God as the Nazaraei and sheweth that the Priests disposed it to the needy And to these ends must our Clergy give and pay over their owne Tithes unto God first in repairing and maintaining the house and service of God as 2 Kings 12. 4. then in alms and charitable devotion to the poor for the poor are Gods Publicans and by him appointed to gather and collect this rent or custome due to him and to carry it into his Treasury of heaven as the Porters thereof there to be laid up for our use and benefit in the world to come Decimā Deo in pauperibus vel in ecclesiis donet saith S. Augustine Let him give it to God either in bestowing it upon the poor or in the Churches Though Christ be ascended into heaven in his person he is still upon earth by his Proctors and Substitutes the poor and needy and therefore a Father Jerome I take it answereth Mary when she complained that they had taken away the Lord Oh saith he but they have not taken away his servants meaning the poor and needy on whom shee might abundantly expresse her charity As the Law of God enjoyned the Levite to pay tithe to the high Priest so also the old Law of the Land bindeth our Bishops themselves to pay Tithes yea the King himself I command my Sheriffes saith Ethelstane through my Kingdome in the name of the Lord and of all the Saints and upon my love that they presently pay my own Tithes to the uttermost both of living things and of the fruits of the earth and that the Bishops doe the same of their own goods and also my Aldermen and Sheriffes Tom. 1. Concil Britan. pag. 402. And the very glebe Land of the Parson himself if it be letten to another must pay tithe as was adjudged in the Kings Bench this Term Sancti Hillarii Quaere CAP. XVI Out of what things Tithe is to be paid IT is recorded in Genesis that Abraham before his name was changed Gave him tithe of all And Jacob in the 28. ca. saith Of all that thou shalt give me will I give the tenth unto thee In the 27. Lev. All the tithe of the Land of the seed of the ground the fruits of the trees is the Lords it◠is holy unto the Lord and in the 14. Deut. 22. Thou shalt give the tithe of all the encrease of thy seed that cometh forth of thy field year by year that we should bring the tithes of our Land unto the Levites that the Levites might have the tithes in all the Cities of our travell or labour So in the 2 Chro. 31. 5 they brought the tithes of all things abundantly v. 6. they brought the tithes of bullocks and sheep and the holy tithes which were consecrated unto the Lord their God i. by a vow In these general precepts there needeth no particular enumeratiō of what should be paid they run upō the word All without exceptiō all whatsoever the ground yeeldeth either by industry or naturally corn wine oyl the fruits increase of every thing whether living or vegelative And more then so for even those things that are gotten by labour and travell for therein we have our part of his mercy and blessing as well as in his other gifts bounty And the words in Nehe. in all the Cities seem to extend to the handy-crafts-men for Citizens commonly occupy not fields or husbandry which is rather proper unto the Villages Country people So that if Citizens should not yeeld the tithe of their travel most of them should yeeld nothing at al and no man must appear before the Lord empty Exod. 23. 15. for he hath shewed mercy upon all and he will have some acknowledgement from all This upholdeth the custome of many places of England where the very servants pay a tithe out of their wages some deduction being made for apparell and by like reason I think that those that have Annuities and fees as Officers and such like ought to yeeld a tithe thereof for out of those the King hath his Subsidies and tenths and by like yea better reason should God
service of God not onely Samaria hath exceeded Jerusalem but even Babylon put down Sion And so Theodoret complaineth that the heathens did give their tenths and first-fruits to be employed in their idolatrous service to the maintenance of their Temples Oratories Priests and Altars in more liberall manner then Christians but saith he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Such honour saith he speaking of the care taken for the Egyptian Priests Gen. 47. the Priests of the living God and Ministers of our Redeemer Christ Jesus have not with us And much lesse have they in these days especially with us who boast to have reformed things amisse For yet amongst those of the Church of Rome it is otherwise that think nothing too dear for their Jesuites and have their Priests in so great respect that they fall down on their knees and desire their blessing every morning but Nuper Tarpeio quae sedit culmine cornix Est bene non potuit dicere dixit erit Mr Selden saith that the Turks pay the tenth according to the Mosaicall Law which they receive as authentique but keep it according to Mahomets fancy and the doctrine of his Canonists Mr Blunt an accurate observer in his travails affirmeth that the Turks in their principall Cities have very stately Moskeetoes i. Churches of magnificent building accommodated with goodly Colledges for the Priests lodgings and Bathes equall to the Monasteries of any City in Christendome Aelian relateth as Mr Selden citeth him that some kinde of beasts in Africa alwayes divided their spoile into eleven parts but would eat onely the tenne leaving the eleventh as a kinde of first-fruits or Tithe and why may not beasts of the field teach men the practice of piety seeing man that is without understanding is compared to them Thus Jews Pagans Turks and some beasts have had a care to pay Tithes but many Christians in these times come farre short in their duties and may bee upbraided with these examples Which are here more largely insisted on to shew the impiety of many men in these last days who are more inexcusable then ever any people were because we have the rules and practice of all ages set before us for our direction as before the Law of Moses in Abraham and Jacob and likewise under the Law during the Priesthood of Aaron and since under the Gospel abundant light to guide us besides all the Records Histories and Monuments of Gods judgements in former times to instruct us All which saith the Apostle 1 Cor. 10. are written and recorded for our admonition upon whom the ends of the world are come If we therefore offend now we are greater sinners then any former people as sinning against conscience knowledge and examples of all ages and like to the servant that knew his Masters will but did it not who therefore must be beaten with many stripes CAP. XXVII That they are due by the Law of the Land AS they are due by the law of Nature and of Nations by the Law of God and of the Church so are they likewise due by the very Temporall Laws of the Land as well ancient as later therefore Edward the elder and Guthrun Saxon and Danish Kings punished the not payment of Tithes by their temporall Constitutions Lambard 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 54. Tom. 1. Concil Britan. pag. 392. King Athelstan about the year of our Lord 924. not onely decreed them to be paid by himself his Bishops Aldermen and Officers but maintaineth that his Law by the example of Jacob saying Decimas meas hostiam pacificam offeram tibi and by other effectuall Authorities providing precisely that his owne Tithes should diligently be paid and appointing a time certain for doing thereof viz. the feast of the decollation of S. John Baptist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pa. 57. Tom. 1. Concil p. 402. King Edmund about the year 940. in a solemn Parliament as well of the Laity as Spiritualty ordained that every man upon pain of his christendome and being accursed should pay them truly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 73. Tom. 1. Concil pag. 420. King Edgar in a great Parliament about the yeare 959. confirmed the payment of Tithes assigning certain times when every thing should be paid viz. the Tithe of all young things before Whitsontide of the fruits of the earth by the harvest aequinoctiall i. about the 12. Septemb. and of seed by Martimas and this to be done under the pain mentioned in the Book of the Lawes of the Land whereby it appeareth that the Laws of the Land had anciently provided for the payment hereof though the Book remaineth not to us at this day as well as the Laws of the Church And he further enacted that the Sheriffe as well as the Bishop and Priest should compell every man to pay their Tithes and should set it forth and deliver it if they would not leaving to the party offending onely the 9th part and that the other eight parts should be divided four to the Lord and four to the Bishop and that no man should herein be spared were hee the Kings Officer or any Gentleman whatsoever 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 77. Tom. 1. Concil pa. 444. King Canutus about the yeare 1016. made the like Law with some little enlargement as appeareth in his Laws ca. 8. and as Malmesbury testifieth strictly observed all the Laws of the ancient Kings de gestis Regum Angl. lib. 2. p. 55. And he wrote also about the 15. year of his reign from beyond the seas a long letter to all the Bishops and Nobility of England conjuring them by the faith that they ought both to himself and to God that they caused these Lawes touching Tithes and Rights of the Church to be duly executed and the Tithes to be paid as abovesaid Malmsb. p. 74. But King Edward the Confessor about the year 1042 made all certain namely that Tithe was due unto God and should be paid the tenth sheafe the tenth foal the tenth calf the tenth cheese where cheese was made or the tenth days milk where there was no cheese made the tenth lamb the tenth fleece the tenth part of butter the tenth pigge and that they that had but a calfe or two should pay for every of them a penny And to this price is the Parson generally holden at this day when ten of our pennies are scarcely worth one of that time He also ordained that Tithe should be paid of bees woods meadows waters mils parks warrens fishings coppises orchards and negotiations and out of all things saith the Law that the Lord giveth the tenth is to be rendred unto him that giveth the nine parts with the tenth and bindeth the Sheriffe as well as the Bishop to see this executed And all these were granted saith the Book by the King Barons and Commonalty as appeareth in those his Laws cap. 8. and Hoveden Annal. part poster pag. 602. Long after the learned Author had written this he published the first Tome
Gospel but that the labourer should receive his necessaries from the place wherein he laboureth And a little before him Hierome also in his Book De vita Monach Cler. instituenda saith If I be the Lords part and the lot of his inheritance not having a part amongst the rest of the Tribes but as a Levite and Priest doe live of tithes and serving at the Altar am sustained by the offerings of the Altar having victuals and cloathing I will be contented herewith and being otherwise naked will follow the naked crosse So in his Book De Co. virginitatis having reproved the curiosity of some Clerks of that time he saith also Habentes victum vestitum his contenti sumus for as Ambrose saith upon Esay 1. Tom. 2. In officio clericatus lucrum non pecuniarum sed acquiritur animarum In the function of a Clegy-man the gain of mony is not to be sought but the gain of souls All these are but particular opinions of some Western Fathers hear now therefore the determination of the Eastern church assembled in the Councell of Antioch Anno 340. cap. 25. Episcopus Ecclesiasticarum rerum habeat potestatem ad dispensandum erga omnes qui indigent cum summa reverentia timore Dei participet autem ipse quibus indiget tam in suis quà m in fratrum qui ab eo suscipiuntur necessariis usibus profuturis ita ut in nullo qualibet occasione fraudentur juxta sanctum Apostolum sic dicentem Habentes victum tegumentum his contenti sumus Quòd si contentus istis minime fuerit convertat autem res ecclesiae in suos usus domesticos ejus commoda vel agrorum fructus non cum Presbyterorum conscientia diaconorumque pertractet sed horum potestatem domesticis suis aut propinquis aut fratribus filiisque committat ut per hujusmodi personas occultè caeterae laedantur ecclesiae Synodo provinciae poenas iste persolvat Si autem aliter accusetur Episcopus aut Presbyteri qui cum ipso sunt quòd ea quae pertinent ad ecclesiam vel ex agris vel ex alia qualibet Ecclesiastica facultate sibimet usurpent ita ut ex hoc afsligantur quidem pauperes criminationi verò blasphemiis tam sermo praedicationis quà m hi qui dispensant taliter exponantur hos oportet corrigi sancta Synodo id quod condecet approbante Prosper proceedeth further and will not suffer that a Minister able to live of himself should participate any thing of Church goods Nec illi qui sua possidentes c. For saith he They which have of their own and yet desire to have somewhat given them of that whereon the poor should live doe not receive it without great sinne The holy Ghost speaking of Clerks or Clergy-men saith They eat the sins of my people But as they which have nothing of their own receive the food they have need of and not the sins so they which have of their own receive not the food which they abound with but the sins of other men Therefore though the Councell of Antioch An. 340. Can. 25. ordained that the Bishops might distribute the Church goods yet would it not suffer them to take any portion thereof to the use of themselves or of the Priests and brethren that lived with them unlesse necessity did justly require it using the words of the Apostle 1 Tim. 6. 8. habentes victum tegumentum his contenti sumus having food and raiment let us be therewith contented And decreed further that if the Bishops should not be satisfied but did employ any goods of the Church to their kindred brethren or children they should answer it at the next Synod So likewise touching Priests as the words subsequent imply and as Achilles Statius expoundeth it pag. 14. for the Priests at that time had nothing but by the assignment of the Bishops and if the Bishops themselves might take no more then onely for their necessity we may easily judge what the inferiour Clergy might doe But Gregory looking upon 2 Thess. 3. 7 8. where it is said You ought to follow us we take no bread of any man for nought and that he which will not work should not eat applieth these to the Clergy and concludeth that though such kind of Ministers have never so much need yet they must not participate the food of their function or Church Revenues for saith he Pensemus cujus damnationis sit c. let us think with our selves how great damnation it is to receive the reward of labour without labour Behold we the Clergy live of the oblations of the faithfull but what doe we labour to get the goods and cattell of the faithfull doe we take those things for our wages which the faithfull have offered for the redemption of their sins and doe we not earnestly labour as we ought to doe against those sins by industry of prayer and preaching For the next Ages of the church what the Authour intended further will bee supplied by himselfe in the 20. chap. following collecting out of divers Councels severall canons touching tithes but for our owne church of England he doth abundantly expresse himself in his first Tome of our English Councels out of which see the collections here following cap. 27. and much also may be observed out of Mr Selden in his History c. 6. where he sheweth when Tithes began to be commanded by Laws and Synods and withall giveth the reason out of Agobardus a very learned Bishop of Lions as he truly saith of him why Councels did not at first make canons touching Tithes and gifts to the church which Agobardus speaketh touching generall Councels but Provinciall Councels did frequently command them as will appear by the collections following here cap. 20. Agobardus words are considerable in his Book De dispensatione contra sacrilegos p. 176. Jam verò de donandis rebus ordinandis ecclesiis nihil unquam in Synodis constitutum est nihil à sanctis patribus publicè praedicatum nulla enim compulit necessitas fervente ubique religiosa devotione amore illustrandi ecclesias ultro aestuante c. Concerning giving of goods and endowing of churches nothing hath ever been decreed in Councels nothing publickly promulgated by the holy Fathers for no necessity required it the religious devotion and love of beautifying the churches every where abounding of their owne accord At first religious christians sold all their lands goods houses and possessions laying down the money at the Apostles feet Acts 2. 45. and long after the Apostles time devotion and zeal in this kind was so fervent that there was no need of laws but when this zeal began to waxe cold in the next Ages following then laws and canons were made more carefully for Tithes and maintenance Many Kings and Princes also were so pious and carefull that the full tenth should be paid that they made severall lawes to pay
Law of the Land did anciently reckon those parts For though the whole Fish Royall belongs to the King yet Bracton saith it sufficeth if he have the head and the tail for that in those parts the whole is implied and consequently when we give God the tithe or tenth part we put him in possession of all yea we put the nine parts remaining into his protection for the number of ten in like respect implieth the whole as Philo Judaeus discourseth it And so also doth Saint Augustine expound it and therefore thinketh that by the 10. horns in Daniel is meant the whole succession of Kings in the Roman Empire The same Father yet further saith that the number of 10. signifieth the Law of God Quia in decem praeceptis lex data est And in another place Denarius legem significat undenarius peccatum quia transgressio est denarii 1. The number of 10. signifieth the Law and for that the number of 11. exceedeth it the number of 11. signifieth sin Therefore because God hateth sin and hath made the number of 10. to be as it were the number of perfection and righteousnesse for so likewise doth Saint Augustine tearm it when he requires the number of 10. of us it puts us in mind that he requireth also the fulfilling of his Laws and the keeping of his Commandements That God accepted the tithe or tenth as and for the whole of that whereof it is yeelded is apparent by Gods own exposition for when he had reserved it to himself as his rent out of the Land of Canâ—an given by him to the children of Israel and assigned that rent over to the Levites for their maintenance yet out of that assignment he reserved also a â—ithe or tenth part to be laid up in the chambers of the treasure house to be offered to himself as it were thereby to hold his possession and to keep seism of his inheritance which in the 18. of Num. 20. is called an heave-offering and this very heave-offering which was as I say but the tenth part of the tenth that is the 100. part of the whole was accepted and taken by God as the full seisin and satisfaction for the whole therefore he biddeth Moses say to the Levites Your heave-offering shall be reckoned unto you as the corn of the barn or as the abundance of the wine-presse that is the tithe that you are to give though it be the hundreth part yet I will accept of it as if it were all the corn of your barn and of your fields and as the whole profits even as the abundance of your Vineyards In like manner also doth he accept the fat of such offerings in the 29. v. to shew unto us that since all is his he will have perpetuall seisin of the whole and will not be disinherited of the least part Doubtlesse he is well pleased with this tenth part for when he threatned the destruction of the Land by Isaiah he concludeth yet there shall be a tenth part remaining as to replenish it again and as holy seed Isa. 6. 13. he will save his own part We have received all things of the fulnesse of God therefore out of our fulnesse it is fit that we render something back unto him not by way of reward but in honour of him This number is also said to be the number of fulnesse and to signifie the greatest things wherein as numbers have their secreta and latebras to use Saint Augustines words so hath this number above all other a peculiar secret and blessing given unto it as if God had marked it for himself for as God in Hezekiah's time blessed the offerings and tithes in abundance so it seemeth the word abundance plenitudinem Exod. 22. 29. is used for the tithe and first-fruits and it hath of old been observed that in naturall things the tenth is usually the fullest and the greatest the tenth floud and the tenth egge Festus and many other Authors doe affirm it and to that purpose Ovid saith Vastiùs insurgens decimae ruit impetus undae i. e. The whole force of the tenth floud wave or billow rising up more hugely then all the rest rushed into the the ship And Valer. Flaccus tearmeth it Decimae tumor coeduus undae the high swelling of the tenth wave so likewise is it noted by Silius Ital. Lucan Seneca And this observation amongst the Ancients hath been so notorious and remarkable that they commonly used the word tenth in Latine decimus decumanus decimanus to expresse the greatest things therefore in the division of their fields they called the greatest extent decumanum limitem the greatest or chief gate in their Camp decumanam portam the greatest shields decumana scuta and so likewise decumanos fluctus and decumanaova decumanuÌ„ acipenserem upon the like reason they used the word decimare exdecimare for to choose and cull out the choice and principall things as Perrot reporteth And because in the procreation of men and many other living creatures the number of 10. is most happy and effectuall as the tenth month in some and the tenth week in others the Romanes admired the secret vertues of this number so superstitiously as they canonized it among their gods by the name of Decuma as you may read in Tertullian Gellius and many other And for this cause Romulus closed up the year in the compasse of ten months as the time of fulnesse and perfection I will prosecute the mysteries of this number no further but conclude with Philo Judaeus that he that should run into the Mathematicall powers and observations thereof hath work enough for a large Volume De ratione decimarum denario numero pluribus agit Philo lib. de congress quaer ernd gratia X Exprimit antiquis haec Christum littera scriptis Exprimit partem quam petit ille sacram Ergo citus Christi quae sunt dato munera Christo. Caesaris accipiat Caesar uterque suum This X of old exprest Christs holy name And eke the sacred Tenth which he doth claime Give then to Christ what 's Christs without delay Give Caesar Caesar's due and both their pay CAP. XV. Who shall pay Tithe THe Laws and Commandements of God are commonly given in the second person singular as thou shalt love the Lord thy God thou shalt not steal And so here thou shalt not keep back thine abundance that is thy first-fruits and tithes and thou shalt give the tithe of all thy encrease c. a Pronoun of particularity thou for the Adjectives of universality Nullus Omnis as if he should say None or no man shall keep back his abundance And all men shall give the tithe of all the encrease For it is an axiome in Logick that Indefinitum aequipollet universali Indefinite propositions are equivalent with universall And so every man must pay tithe Every man saith Saint Augustine Quia omnia Dei sunt per
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
ergo macte hac illace dape pollucenda esto then manus interluito vinum sumito He that performed this ceremony was to doe so and then to say Jupiter dapalis macte istace Dape pollucenda esto macte vino inferio esto Nor did they thus appropriatly use this ceremony unto only Jupiter but unto what Deity soever they did acceptum referre their encrease Quoties aut thus aut vinum super victimam fundebatur saith Servius dicebant Mactus est Taurus vino vel thure hoc est cumulata est hostia magis aucta est hostia And Cato hath the same form of words concerning other sacrifices besides this cap. 130. 141. 134. Arnobius in zeal to Christian religion derideth and scoffeth at this Pagan use and ceremony but because they did not recte offerre doe it to the true God not because they did not rite dividere doe that which was not to be done not the thing done but done unto Jupiter and unto Idols not to the true God of heaven and earth was blamed Withall he giveth us to understand That this erroneous act of theirs had beginning from a true ground That The earth is the Lords and all that therein is that He hath given it to the sons of men that it is He that openeth his hand and filleth all things living with plenteousnesse that tithes and first-fruits are given unto God to recognize his supream dominion over all his admirable goodnesse in giving us whatsoever we possesse and that by giving of them back unto him as it were a certain quit-rent unto the Lord Paramount thereby we doe and not otherwise a quire unto our selves a right unto the Remains with an interest therein and not otherwise to use them unto our own behoof which if we doe not we are but Vsurpers and Intruders For all the world as the Jewes did who might not durst not meddle with the encrease untill they had paid God his due and thereby purchased liberty to use their own Thus the Gentiles who had not the Law by direction and light of nature though so much obscured yet did the things of the Law Concerning the Siphnians whereof mention is made already it is further to be remembred what Pausanias expresly relateth of them who saith when covetousnesse made them leave paying that tribute of Tithes the sea brake in upon them and swallowed up their mines a just vengeance upon detainers of Divine right by dishonouring of God to lose all So long as yearely they paid Tithe of the encrease so long it was well with them so soon as they defrauded God of his right God turned them in justice and vengeance out of all Aristotle reports that Cypselus had a speciall regard to the tenth as competent to a Deity when he vowed all the goods of the Citizens if he could get Corinth Aristotle was the great dictator of learning in whom God would remonstrate what he could doe in meer Nature without supernaturall endowments of grace he speaks directly That the tenth part is competent to a Deity and that He vowed all the goods but because this vow implyed an absurdity unlesse he meant which he did not intend to ruine the City he was fain to have recourse unto the ordinary use of Tithing but so that the Tithe decies repetita should answer the proportion of his vow 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 having made a rate and cessement of every mans goods and state he took the tenth part for that yeer and so the next for ten years together leaving them nine parts to trade with and live upon Every one did not so but every Conquerour that would not be unthankfull gave the tenth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unto God with us daily men are not thankfull as they ought yet they should be gratefull Agesilaus whiles he warred in Asia and had the spoil of that wealthy Country made such havock upon the enemy that within the compasse of two years he sent more then one hundred talents tithes unto Delphos which proveth an ordinary Spartane use and custome at least The same Agesilaus having vanquished the Thebans and their associates in a great battail at Coronaea though having received many wounds in the fight 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 forgat not God saith Xenophon nor to be thankfull unto God That Retrait which Xenophon made with his ten thousand men out of upper Asia is the most remarkable piece of service one of them in all Antiquity In this hazard Xenophon as himself relateth it gave decimam spoliorum partly unto Apollo partly unto Diana of the Ephesians The tenth being separated for these two Deities was by generall consent committed unto the Captains to be dedicated That for Apollo was laid up at Delphos in the Athenian Treasury for most Nations of Greece had a severall one there But with that other part Diana's part Xenophon purchased a piece of ground and built there a Temple and an Altar and appointed the tenth of the yearly encrease for ever unto that service This is a passage very considerable there being not such an expresse and observable example in all Antiquity for Tithe in this kinde with an endowment of a Church with lands Sacred is that land unto Diana whosoever possesseth or occupieth the ground must every year consecrate the tenth unto the service of Diana and employ the rest upon the fabrique and upholding of the Temple Tithes of spoiles commonly paid amongst the Graecians but not accustomed in this sort to be employed A generall sacred Revenue appropriated to a speciall end where besides the profits and Revenues of this land tithed what was purchased with the tithe at first unto Diana as president of the trade and the chiefest ranger amongst Pagans Tithe of Venison and Game is said in the same place to have been paid Diodorus Siculus in his elventh Book hath three severall instances for tithing spoils of warre the first of Pausanias and the Graecians that having vanquished the Persians and slaine Mardonius in the field Set apart the tenth of the spoils and therewith caused a tripos of gold to be made which they dedicated at Delphos no vow preceding nor other intimation being but as done out of duty and ordinary profession of thankfulnesse Another of Cimon the Athenian Generall who remaining victor at the battail upon the River Eurymedon as Pausanias had done so did he set out the tenth of the spoiles as Gods part sacred and dedicated unto him to God in generall not naming Apollo or any else In a third place the Argivi having made the Mycenians their slaves and captives consecrated the tithes of all they took to God and utterly rased the Town Mycenae Porphyrie declareth that first-fruits were given unto God and what is said of first-fruits must be granted of tithes out of devotion by the Pagans of all things usefull to the life of man as of corn honey wine oyl cakes and what not Those that gave
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
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
cals covetousnesse the root of all evill and so the root of that evill which sometimes passeth betwixt a Patron and his Chaplaine and may as frequently and with as much injury be found betwixt some Committee-men and Trustees and the Ministers of their choice as any other But as I am confident that there will be an amendment on the Ministers part by the regular way of the Parliaments reformation according to the directions of ordination of Ministers already printed accordingly practised so will it bee not onely possible but easie for the State to finde out a fit means to prevent prevarication on the part of the Patron but if Tithes be removed from their ancient foundation and lest loose to the disposall of Trustees or Committee-men they will be a more ready prey for the covetous into whose hands they may come and from whose hands perhaps they cannot without great difficulty be redeemed Lastly in the close of this Petition the Petitioners shew great care that the Ministers may be freed from the incumbrance of Tithes to serve the Lord without distraction and to give themselves to the Word of God and Prayer and to be onely employed to make ready a people prepared for the Lord And so they may do if they be maintained by Tithes for that means of maintenance gives a man occasion of more and better acquaintance with the particular disposition of his people and it is his part to be diligent to know the state of his flock Prov. 27. 23. And for that trouble which may be thought inconsistent with the Calling of a Minister if his means be sufficient he may have a servant to take it from him and ease him of it I know a Minister whose Benefice was a Vicarage and his Parish so large that it was 11 miles in length and of a proportionable breadth yet did it not put him to the expence of one day in a year to compound for or gather in his dispersed portion Now for the successe and acceptance of the Petition in the Honourable House of Commons to which it was presented if such an innovation had been granted for that County it had been fitter to have been made a Sibboleth for that cauthe or angle of the Kingdome for so the word Kent signifieth as their custome of Gavelkind then to be made a president or pattern of conformity to other parts of the Kingdome as the News-Book of the same week prescribed that to his Reader But the answer of the worthy Senate was such as may further confirm us in our confidence that they will still continue to be gracious Patrons of the maintenance of Ministers and that they will be more ready to ratifie precedent Statutes and their own Ordinance made in that behalf then to dissettle their tenure which is founded upon them and to make Ministers arbitrary Pensioners to such as may be so far swayed by misprision of judgement or personall dis-affection as to deal most penuriously with those who being truly valued without erroneous mistaking or injurious misliking may both by the eminence of their parts and their faithfulnesse in their places deserve the most ample and most honourable Revenue I will give you their answer in their own words which are most authentick they are these M. Speaker by order of the House of Commons did give the Petitioners the Committee of Kent thanks for their former services and took notice of their good affections to the Publique and did acquaint them That the great businesses of the Kingdome are now instant and pressing upon them and that they will take the Petition into consideration in due time and that in the mean time they take care that Tithes may be paid according to Law But there are some in the Parliament that hold the maintenance of Ministers by Tithes to be Jewish and Popish and therefore they will give countenance to Petitions that are put up against them and doe what they can under such titles to render them offensive to such as are truly religious especially to those who have most power to abolish them 1. It may be there are some such and if there be some such among so many it is neither to be thought strange nor true for such a number of them as may be able to carry the cause against the continuance of Tithes 2. For the tearm Jewish it is mis-applyed against Tithes as it was by the Prelates of late is by the Anabaptists at the present against the Sabbath nor are they more Popish then Jewish For the Papists though their people pay them and their Priests receive them yet they for the most part holding theÌ„ to depend meerly upon Ecclesiastical constitution made no scruple of changing them into secular titles or uses as in Impropriations in the hands of Lay-men and many other distributions made out of them severall ways without any respect to the service of the Sanctuary Nor is there any thing in the payment and receiving of Tithes under the state of the Gospel which may prebably be suspected to have any savour of Judaisme or Popery save onely the payment of Tenths by the Ministers to the King as hath been lately well observed by Mr L. in his second Book against Mr S. I will set down his words and seriously commend them to the consideration of our religious Reformers they are these in answer to Mr S. his Question Qu. What are the maintenance of Ministers by Tithes Jewish and Popish undenyably Ans. How Jewish and Popish undeniably As undeniably as the Sabbath was Jewish when the Prelates so called it or the article of the Trinity Popish as Valentinus Gentilis took it when he disliked the doctrine of the Reformed Churches in that point because they agreed with the Papists therein You are grossely mistaken Sir in the tenure of Tithes for though there be a clamour taken up against them by such as make no scruple either of slander or of sacriledge and some would change the Ministers portion which is their masters wages for his own work and reduce them to voluntary pensions of the people because they would have a liberty to begger them wâ—â— will not humour them in their fond and false opinions and licentious practises but oppose them as of conscience they are bound to doe neither you nor all your party can prove them either Iewish or Popish as they are allowed and received for the maintenance of the Ministers of England And because you are so confident in your opinion against Tithes and shew your self to have a good opinion of Mr Nye whom with Mr Goodwin you cite for a worthy saying touching the golden Ball of Government I refer you for satisfaction to him who will tell you as he hath done divers others in my hearing that Ministers of the Gospel may hold and receive Tithes for their maintenance by a right and title which is neither Jewish nor Popish but truly Christian and there is nothing
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 of a Gentleman of quality made by a Reverend and Learned Divine living in London concerning the settlement or abolition of Tithes by the Parliament which caused him to doubt how to dispose of his son whom he had designed for the Ministery Wherein also are comprised Some Animadversions upon a late little Pamphlet called The Countries plea against Tithes discovering the ignorant mistakings of the Authours of it touching the maintenance of the Ministery by such means As also upon the Kentish Petition Published by JER STEPHENS B. D. According to the appointment and trust of the Author LONDON Printed by M. F. for Philemon Stephens at the Gilded Lion in Pauls Church-yard 1647. TO THE VVORSHIPFVLL My much Honoured friends John Crew Esquire and Richard Knightley Esquire worthy Patriots of our Country Northampton-Shire I Addresse unto you both these severall Treatises not onely out of duty and obligations to your selves but in regard of your publike good affection to maintain the patrimony of the Church in Tithes which is so fundamentally setled by our Laws that nothing can be more certain by them And the times now growing dangerous to the whole state of the Clergy in this particular your selves having deâ—lâ—red your opinions for Tithes and accordingly been careful to preserve us in our rights I hope this my service will be acceptable to you what farther may be done depends upon Gods providence and the good endeavours of all pious men to afford tâ—â—â—r best assistance Seeing the Parliament hath honourably declared themselves for Tithes both by their Ordinance and the repulse given to some Petitioners against them For mine own part though I expect censure and opposition from many yet as an Ancient said In causa qua Deo placere cupio homines non formido I have therefore in this needfull time at the earnest request of many adventured the rather to discharge the trust reposed in me by the worthy Knight Sir Hen. Sp. who being imployed in greater works committed these to my care trust to be published His charge doth neerly concern me and in conscience I could not longer conceal them from the publique view They have been long in my custody and if the favour of your self M. Crew in a time of danger besides M. Knightleys publique deserts and defence of me since from scandalous people had not prevented they had been utterly lost by the injury of soldiers together with other Manuscripts and Monuments of great consequence against the common adversary Your selves having preserved them and me I could not doe otherwise then return you the thanks and fruit of your own favours and whosoever shall think these worthy the publique view will have the like cause to render you thanks for saving both them and my self being extreamly injured by some that are styled in our ancient Laws Villani Cocseti Perdingi viles inopes personae by whose troubles I am inforced to omit divers additions materiall to this argument which the learned Knight committed to me But lest hereafter they should miscarry by any common danger or neglect of mine I could find no better means to prevent the same then by committing these to the Presse that they may live be extant for the common benefit of Gods cause and Church The piety excellent learning and moderation of the Author in all his expressions will prevail much with those that are truly wise and sober and if your protection shall concur to defend both them and my poor studies I shall hope to give you farther account hereafter in other works of great moment Thus praying God to guide and blesse you in all your pious endeavours I subscribe my self Yours ever obliged JER STEPHENS To the READER THe eminent worth and dignity of this religious Knight needs not to be set forth by the praise or pen of any man his excellent learning piety and wisdome were very well known to the best living in his time and his owne works published in his life together with the great applause conferred on them both at home and in forain parts by learned noble Parsonages and great Princes are testimonies beyond all deniall or exception Among all other his singular deserts and works there is none more illustrious then his piety towards God testified both in his holy course of life and especially by his learned and godly Treatises of the Rights and Respect due to Churches Wherein he hath so accuratly proved what is due to God and to be rendred unto him both for the time of his worship and also for the means and places wherein his worship is to be performed that no true Christian who embraceth the Gospel but must acknowledge willingly his singular deserts and piety His great knowledge in the Common Law of our Kingdome and all other Laws whatsoever divine or humane ancient or modern Civill or Canonicall Multatenens antiqua sepulta vetusta Quae faciunt mores veteresque novosque tenentem renders him singularly judicious above many other and able to deliver the truth when he descends to speak of humane laws and authorities after he had first founded and setled his opinion upon the divine Law of God Yet notwithstanding his piety learning and moderation in all his expressions there wanted not a perverse spirit to oppose and scribble something against him whereof hee tooke notice and added a censure in his learned work the Glossary and also among other his papers of this argument he hath left a sufficient apology and justification of his former Treatise which is here published for satisfaction to all that be truly pious and well-affected sons of the Church of England For his larger work of Tithes which he prepared long agoe it is also here added though in some few places imperfect and might have been better polished by his own hand if he had engaged himself upon it and desisted from his greater works so much desired by many eminently learned both at home and abroad yet rather then suffer the losse of such a testimony of his piety to God and good affection to uphold the setled maintenance of Gods House and Ministers to whom double honour is due as the Apostle saith it is thought fit to publish it as he left it imperfect in some passages and defective of such ornaments and arguments as he could have added further out of his store and abundance though what he hath here delivered is so compleat as doth fully discover the ability of his judgement and that these reasons and illustrations produced by him could hardly have proceeded from any other Author being agreeable to his expressions style and arguments delivered in his other writings And at this instant it seems very necessary in regard the humour
and displeasure of many in the world is now obstinately bent to beat down root up overthrow and destroy whatsoever the piety and wisdome of our forefathers built and contributed in the Primitive times of their faith and conversion to Christianity as if all they did were Popish and superstitious fit to be rooted up and as if themselves had a Commission as large as the great Prophet had from God and were set over the Nations and Kingdomes to root out and pull down to destroy and to throw down to build and to plant Jer. 1. 10. But if men will rest satisfied either with proof from divine authority there wants not enough here to guide their consciences or with humane Laws and Statutes confirmed and fully enacted by many Parliaments whereby they are now become ancient and fundamentall as well as any other Laws together with the constant course and practice of above a thousand years in our Common-wealth there wants not here the testimony of all our ancient Monuments Statutes Deeds and Charters of our Kingdome Princes and Noble men which this learned Knight hath more fully and compleatly published in order of time and in their originall Saxon-language in his first Tome of our English Laws and Councels for the first five hundred years before the Conquest being his last work before his death Whereunto when the second Tome which he hath also finished shall be added for the next 500. years after the Conquest together with his learned Commentary upon all difficult and ancient rites and customes there will be abundant proof from all humane Laws and the authority of our Common Law together with the practice of our Kingdome in severall ages that no man can raise a doubt or exception that shall not receive satisfaction fully and clearly As for the Laws of Israel and the Heathens also in imitation of Gods own people the Decrees and Canons of generall Councels in succeeding times here is also such abundant testimony produced that no judicious Reader can refuse to yeeld his vote thereto and approbation for continuance There is another noble and religious Knight of Scotland Sir James Sempil who hath so accurately laboured in this argument and proved the divine right of Tithes from the holy Scriptures insisting thereupon onely and no other humane Authorities or Antiquities further then he finds thē to play upon the Text pro or contra as himself saith in his Preface that much satisfaction may be received from his pious endeavours having therein cleared some Texts of Scripture from sinister interpretations and exactly considered the first Institution and Laws for Tithes delivered by God himself both in the Old and New Testaments If both these godly and learned witnesses of the truth will not serve the turn to convince the judgement of some ill-affected they being both raised up by God out of both Nations like to Eldad and Medad among the people extraordinarily to prophecy and defend the truth being moved and inspired doubtlesse by God himself besides those that belong to the Tabernacle to uphold and maintain his own cause against the adversaries of his Church yet they may well stop the mouths of worldlings and Mammonists from clamour and inveighing and perswade them to acquiesce upon the known and fundamentall Laws of the Kingdome which areas ancient and fundamentall as any other or rather more because they concern especially the upholding and maintenance of the worship of God then which nothing can be more necessary or fundamentall and therefore the pious and good King Edward the Confessor doth begin his Laws with the recitall and confirmation of the Ecclesiasticall Lawes and particularly of Tithes Church-possessions and Liberties thereof A legibus igitur sanctae matris Ecclesiae sumentes exordium quoniam per eam Rex regnum solidum habent subsistendi fundamentum leges libertates pacem ipsius concionati sunt Because thereby the King and Kingdome have their solid foundation for subsistence therefore the laws liberties and peace thereof are first proclaimed and established And thus begins also Magna Charta Nos intuitu Dei pro salute animae nostrae ad exaltationem sanctae Ecclesiae c. and so also many other Statutes successively pour le common profit de Saint Esglise del Realm c. The possessions tithes and rights of the Clergy being thus setled they may doubtlesse be enjoyed having been freely collated according as was foretold by the Prophets Esay and others by Kings Nobles and many good men fully confirmed by Law and Parliament established by the possession of many hundred years that although in the beginning perhaps things were not so commanded in particular as any man else may enjoy lands goods chattels gifts and grants whatsoever is freely collated purchased or obtained by industry or is freely given and bequeathed by Ancestors or other Benefactors although perhaps there be not divine right in speciall to prove and justifie so much land money rents or goods of any sort to be his due and right God did foretell and promise by the Prophet Esay cap. 49. 23. that he would raise up in the Church of the redeemed Kings and Queens to be nursing fathers and nursing mothers to his Church that is saith Calvin upon the Text Magni Reges ac principes non solùm Christi jugum subierunt sed etiam facultates suas contulerunt ad erigendam fovendam Christi Ecclesiam ita ut se patronos tutores ejus praestarent Kings and Princes should give much Lands Revenues and great maintenance for the worship of God and his Ministers attending thereon which promise God abundantly performed by many and great Emperours Kings and Princes in all Countries after their conversion to the faith The donations gifts and buildings of Constantine the first and great Christian Emperour born at York and Helena his mother an English Lady exceeding religious and devout are famous in History together with their buildings and endowing of many ample and beautifull Churches in severall Counties of the Empire Neither did he thus alone in his own persō but he also gave leave to his subjects to doe the like whereby the Church was greatly enriched in a short time C. L. 1. c. de sacrosanct Ecclesiis § Si quis authent de Ecclesia The gifts and buildings of divers other Emperours and Kings as Theodosius Justinian Pipin and Charles the great are endlesse to be repeated When as any doth the like now or repair old Churches formerly built he is by some ignorant people tearmed Popish or Popish affected The grants buildings and gifts of our own English Kings Noble men and Bishops ever since our first conversion are famous in our Histories especially of King Lucius and Ethelbert the two first of the British and Saxon Kings so also of Egbert Alured Ethelwolph Edgar Edward the Confessor and many others in times following after the Conquest no Princes or Nobles being more bountifull then ours in England Their
Charters and Acts of Parliament are extant in the first Tome of our Councels by this Authour and many are also mentioned by the learned Selden in his History Now when Churches are built and grants of lands tithes and oblations are freely given by great Kings confirmed by severall Acts of Parliament oftentimes renued and reiterated as by the great Charter thirty times confirmed and many other Statutes since as also by the Text and body of the Common Law which doth affirm Tithes to be due Jure divino as is asserted by that ever honourable Judge and Oracle of Law the Lord Coke in the second part of his Reports Dismes sont choses spirituels due de jure divino Being thus setled and confirmed and thereby becomming fundamentall Laws of the Kingdome they may and ought to be enjoyed peaceably without grudging or repining alienation or spoil without casting an evill eye upon Gods allowance and because he hath given the floure of wheat to make bread for his Sanctuary whereof God himself giveth charge in the last vision of Ezekiel contained in the last four chapters where he appointeth a third part of the land to be set forth for his Temple Priests and servants besides the portions for the Prince and for the people which vision for performance concerneth the Christian Church and was never fulfilled in the Jewish State as this Author and many others doe shew and there God doth especially forbid alienation selling or exchanging of his Temples portion as being most holy unto the Lord Ezek. 48. 14. It concerns us therefore that live in these times of the Christian Church when we see the ancient prophesie fulfilled by Kings and Princes in giving much to the Church to preserve Gods portion entire without alienation spoil or violence The Primitive times of the Church as this Authour sheweth ch 6. as had not been since the very Creation times wherein God opened the windows of persecution and rained bloud upon his Church as hee did water upon the world in the days of Noah during the ten grievous persecutions in the first 300. years after Christ so that no man must expect then to finde setled Lawes for Tithes Lands or maintenance of the Clergy when the Emperors and Magistrates were Heathens persecuting the Church and made many furious edicts for rasing and ruinating of Churches which had been built by Christians in some times of intermission as appears by Eusebius when hee comes to the times of Dioclesian Every good Christian and almost every Clergy-man lost his life for religion no man did care or expect for preferment maintenance or dignity save onely the crown of martyrdome which many thousands did obtain The Church saith this Author did all that while expose the dugs of her piety unto others but did live her self on thistles and thorns in great want oftentimes necessity and professed poverty Now those men that would reform all according to the pattern of the Primitive Church and the Apostolicall times do not consider that the Clergy must be reduced again to the same condition of poverty want and misery as formerly they were if the pious and charitable gifts and donations of Kings and Nobles in the ages next succeeding the persecutions should be taken away and the ancient patrimony of Tithes abated or subverted by the worldly and covetous practices of them that esteem gaine to be godlinesse The kytes of Satan as this Author tearmeth them have already pulled away many a plume from the Church in severall ages yet thanks be to God there be some feathers left to keep her from shame and nakednesse if the sacrilegious humour of the times prevail not against her And there is the more reason to hope and expect that we may enjoy our portion and tithes quietly because we have so much lesse then the old Priests and Levites received from the people for they had severall tithes and oblations for themselves for the feasts and for the poor wherein they did share in a far greater proportion then is now required by the Clergy of the Gospel The learned Scaliger Selden and many others do prove apparently by instance of particulars that the Israelites did pay out of their increase of corn much more then a tenth even almost a fifth part for severall tithes and duties then commanded to them I will recite Mr Seldens example History ca. 2. § 4. The Husband-mā had growing 6000 Bushels in one year 100 Bushels was the least that could be paid by the husband-man to the Priests for the first-fruits of the threshing floore 5900 Bushels remained to the husband-man out of which he paid two tithes 590 Bushels were the first Tithe paid to the Levites 59 Bushels the Levites paid the Priests which was called the Tithe of the Tithes 5310 Bushels remained to the husband-man out of which he paid his second Tithe 531 Bushels were the second Tithe 4779 Bushels remained to the husband-man as his own all being paid 1121 Bushels are the sum of both Tithes joyned together which is above a sixt part of the whole namely nineteen out of an hundred So that of sixe thousand bushels the Levites had in all 1063. whole to themselves the Priests 159 and the husband-man onely 4779. He yearly thus paid more then a sixt part of his increase besides first-fruits almost a fifth many of no small name grossely skip in reckoning these kindes of their Tithes saith Mr Selden Observe how much faith Chrysostome speaking of the great maintenance of the Levites the Jews gave to their Priests and Levites as tenths first-fruits then tenths again then other tenths and again other thirtieths and the sicle and yet no man said they eat or had too much The Rabbins also reckon 24. gifts to the Priesthood according as they are set down both by Rabbi Bechai and R. Chaskoni on Numb 18. and so Jarchi on Gen. 29. 34. and in Talmud in the Massech Cholin 133. f. 2. pag. in this order i. The twenty four gifts of the Priesthood were given to the Priests twelve at Jerusalem and twelve in the borders the twelve that were given in Jerusalem are these the sin-offering the trespasse-offering the peace-offerings of the Congregation the skins of the holy things the shew-bread the two loaves the omer or sheaf the remainder of the meat-offerings the residue of the log or pinte of oyle for the Leper the oblation of the thanksgiving the oblation of the peace-offering the oblation of the Ramme of the Nazarite And these following are the twelve that were given in the borders the great heave-offering the heave-offering or oblation of the tithe the cake the first-fruits the first of the fleece the shoulder the two cheeks and the maw the first-born of man the first-born of the clean beast the firstling of the Asse the dedications or vows the field of possession the robbery of the stranger Lev. 6. 5. Numb 5. 7 8. These are the 24. gifts that belonged to the Priesthood
for proportion betwixt the tithes wee have sufficient testimony in holy writ that it was far otherwise for they were onely about a threescore part of the people And so Bellarmine sheweth Tom. 2. declericis cap. 25. Jam igitur addendo Levitas caeteris Hebraeis dividendo totum numerum per viginti duo millia efficiuntur partes divisae sexaginta Ergo Levitae non erant pars tertia decimae sed vix sexagesima totius populi It is to no purpose to look after any such thing I rest in this saith M. Selden that it pleased the Almighty so to enrich that Tribe which was reserved onely for the holy service in the Temple why he did so or with what proportion let him for me examine who dare put their prophane fancies to play with his holy text and so most impudently and wickedly offer to square the one by the other Review cap. 2. Now because the Israelites were thus bountifull to their Priests and Levites therefore the Christians in succeeding times gave not onely many rich gifts and grants in lands and severall oblations but also for the continuall support and maintenance of the Clergy by tithes they made Laws that every one should pay a ninth part besides their tenths that so they might be sure to pay more then a tenth with an overplus rather then come short by any lesse quantity and much to that purpose the learned Grotius sheweth De jure belli ac pacis li. 1. ca. 1. § 17. Lex vetus de Sabbatho altera de decimis monstrant Christianos obligari nec minus septima temporis parte ad cultum divinum nec minus fructuum decima in alimenta eorum qui in sacris rebus occupantur aut similes pios usus seponunt But this is more fully proved by the learned Spelman in his Glossary where he alledgeth and explicateth severall Laws of divers Kings which are too many to be here recited but shall be produced in due time and place Now if any motives will effectually encourage men to pay their dues with a liberall hand and eye or deterre the hearts of worldly men from keeping back prophaning or taking away that which hath been setled given and granted by Laws divine and humane it must be the actions and examples of our Saviour Christ himself who plainly discovered his zeal against sacriledge and prophaning of holy things and places more then against any other sin For when he began to execute his Propheticall office and reproved all kind of sins among the people yet he preceeded to punish not any save onely sacriledge which is very remarkable He refused to be Judge in dividing the inheritance between the two brethren and he would give no sentence against the woman taken in adultery but in case of sacriledge himself made the whip himself punisheth the offenders himself overthroweth the mony tables and driveth out the prophaners out of the Temple with their sheep and their oxen not suffering the innocent doves to remain though all these were for sacrifice and but in the outward Court-yard of the Gentiles such was his zeal as himself refused not to be the accuser the Judge and the executioner and this not only once but twice at the first in the beginning of his Ministery recited by S. John c. 2. 14. and at the last neer the conclusion thereof Mat. 21. 11. Jesus quà m ad sacra emendanda bis conspicuo signo testatum hoc fecit templum velut sacrorum sedem purgando circa initium circa clausulam sui muneris ut in quo inceperat in eo se desinere ostenderet Grotius in Johan 2. 14. And S. Hierome accounteth it to be one of the greatest miracles that ever Christ did Many men doe account that the greatest miracle that ever Christ did was the raising of Lazarus out of the grave or the restoring of sight to him that was born blind that the voice of his Father was heard at Jordan or that at his transfiguration in the Mount he shewed forth his glory but I rather think the greatest wonder that ever Christ did was that he being but one single man and all that time in a contemptible condition and so vile that shortly after they crucified him should be able with a whip to drive out of the Temple such a multitude of men officers buyers and sellers and overthrow their tables seats and receipts the Scribes also beholding it and seeing their own profit to be overthrown thereby and doe such a strange thing as a whole Army of men could not have done it at another time But his principal end being to cleanse and purge his Temple and House of Prayer from prophanation sacriledge and abuses it plainly sheweth us how odious a sin it is to be guilty of the like abuses and what punishment men must expect in his appointed time to follow upon the like offence though now he doth forbear such miraculous proceedings in these latter days when we are directed to search the Scriptures so plainly published to us and to take admonition from former examples which are recorded for our admonition upon whom the ends of the world are come Some are of opinion lately that so the Clergy may have a competent maintenance whether it be by stipend or any way else it is sufficient provision for them and because divers have published their opinion this way here shall be something in answer to them These men make themselves wiser then God himself for he required tithes and first-fruits in their kinde not in money Decimas primitias tuas non tardabis offerre Exod. 22. 29. he could have appointed some shekels of the Sanctuary to be paid to every Priest and Levite for the maintenance of himself and his family if that had been the best and most certain means But the uncertainty of stipends collections or payments in money is so great as would in processe of time bring very great losses and inconveniences both upon the people in payments and upon the Clergy for the change and variations of the standard for money is so great and uncertain in all ages as this learned Author sheweth in his Glossary in voce Esterlingus Libra that if an hundred pound according to these times should be allowed for a stipend to a Minister yearly it may be as much in value as 300 ◠or 400 ◠in the compasse of an hundred years following as we finde evidently by the experience of the last hundred years past and so likewise of every hundred years since the Conquest and before it which hath happened of late times by the discovery of the West-Indies the trade and commerce thither and the riches of their mines brought into Europe all which may fail in the next age or be otherwise diverted and stopt beyond the imagination or providence of any man Further by payment of tithes in kind out of all profits arising by Gods blessing on our labours the Clergy doe
partake with the people in times of plenty or suffer with them in extremities whereas by a certain stipend in mony they would be far lesse sensible Also the change and alteration of the fundamentall Laws of this Kingdome touching tithes glebe oblations and other means which have continued in force above a thousand years and setled by the Common Law will produce many mischiefs especially to the Crown in payment of tenths and first-fruits subsidies pensions and other taxes which amount yearly unto many thousand pounds to the Exchequer all which must be abated and lost to the Crown for no reason they should be paid when the means and maintenance shall be taken away out of which they arise Besides the impossibility to provide a sure and setled means in every Parish to pay a certain stipend in money quarterly to the Minister there can be no caution provision or security given or established for payment of money for wee see by daily experience that all bonds conveyances and securities doe fail often whatsoever the devise bee for secure payment No way is comparable to Gods own way of giving yearly the tenth part in kinde of every increasing commedity and all lawfull profits as they arise and grow due at severall seasons of the year As for stipends and pensions because they have been lately invented in some forain Churches in times of war great troubles and distractions I will mention only one mischief which is already published in print and that is that the best learned are oftentimes neglected and put to hard shifts as in the Low-Countries John Drusius lately a very painfull and learned man well known for his singular works He complains in an Epistle to Joseph Scaliger before his Commentary on the Maccabees that hee was in want of things necessary and elsewhere prayeth unto God to stir up the hearts of the great ones to help him May heaven and earth take notice saith one thereof how miserable the condition of the learned is when tithes the fixed honourary of the Priesthood by divine right are usurped by the Laicks and reward is measured not by true worth or by the measure of the Sanctuary which was full running over and double to the common and prophane measures but by the ignorant estimate of niggardly Mechanicks and their underagents Many more such complaints might be easily alledged out of Luther Melancthon Calvin and others which I will now forbear one great reason being that their Churches for most part are still under great persecution miserable wars pitifully wasted being never almost quietly composed nor setled by Kings and Parliaments as ours hath been for the Emperour and many great Kings and Princes continue Papists and great adversaries to Reformation whereby Germany France and Poland have most sharply suffered and lost many thousand Churches and Ministers since the the blazing Comet 1618. the people being relapsed and inforced to Popery for want of Ministers which makes the reverend and learned Deodatus Professor at Geneva magnifie the Church of England as the most eminent of all the reformed Churches in Christendome styling it Florentissima Anglia Ocellus ille Ecclesiarum peculium Christi singulare perfugium afflictorum imbellium Armamentarium inopum promptuarium spei melioris vexillum splendidae Domini caulae and much more he addeth speaking of our condition before these troubles If any demand what success the labours of this worthy Knight found among the Gentlemen of Norfolk and other places where he lived long in very great esteem and publiquely imployed always by his Prince and Countrey in all the principall offices of dignity and credit it is very observable to alledge some particular testimonies worthy to be recorded to posterity and with all honour to their names who were perswaded presently upon the reading of his first little Treatise and perhaps upon sight of the larger worke now published more the like good effects may follow to restore and render back unto God what was due to him And first the worthy Knight practised according to his own rule for having an Impropriation in his estate viz. Middleton in Norfolk he took a course to dispose of it for the augmentation of the Vicarage and also some addition to Congham a small Living neer to it Himself never put up any part of the rent but disposed of it by the assistance of a reverend Divine his neighbour M. Thorowgood to whom he gave power to augment the Vicars portion which hath been performed carefully and having a surplusage in his hands he waits an opportunity to purchase the Appropriation of Congham to be added to the Minister there where himself is Lord and Patron Next Sr Ralph Hare Knight his ancient and worthy friend in that Country upon reading of the first Book offered to restore a good Parsonage which onely he had in his estate performing it presently and procuring licence from the King and also gave the perpetuall Advowson to Saint Johns Colledge in Cambridge that his heirs might not afterwards revoke his grant wherein he was a treble benefactor to the Church and the Colledge hath deservedly honoured his memory with a Monument of thankfulnesse in their Library and also wrote a respective letter of acknowledgement to this excellent Knight to whom they knew some part of the thanks to be due for his pious advice and direction Sir Roger Townsend a religious very learned Knight of great estate in that County restored three Impropriations to the Church besides many singular expressions of great respect to the Clergy having had a great part of his education together with Sâ— John Spelman a Gentleman of incomparable worth eldest son to S Henry and by his directions both attained great perfection and abilities The like I have understood of others in that Country but cannot certainly relate their names all particulars at this present that Shire abounding with eminent Gentlemen of singular deserts piety and learning besides other ornaments as Cambden observeth of them In other parts divers have been moved with his reasons to make like restitution whereof I will mention some as Sir William Dodington Knight of Hampshire a very religious Gentleman restored no lesse then six Impropriations out of his own estate to the full value of six hundred pounds yearly and more Richard Knightley of Northamptonshire lately deceased restored two Impropriations Fansley and Preston being a Gentleman much addicted to works of piety charity and advancement of learning and shewing great respect to the Clergy The right honourable Baptist Lord Hicks Viscount Campden besides many charitable works of great expence to Hospitals and Churches as I find printed in a Catalogue of them in the Survay of London restored and purchased many Impropriations 1. He restored one in Pembrokeshire which cost 460l. 2. One in Northumberland which cost 760l. 3. One in Durham which cost 366l. 4. Another in Dorsetshire which cost 760l. He redeemed certain Chantry lands which cost 240l. And gave pensions to two Ministers which
cost 80l. Besides Legacies to severall Ministers The particulars are more fully recited in the Survay to which I referre pag. 761. Ms Ellen Goulston Relict of Theodore Goulston Dr of Physick a very learned man being possessed of the Impropriate Parsonage of Bardwell in Suffolk did first procure from the King leave to annexe the same to the Vicarage and to make it presentative and having formerly the donation of the Vicarage she gave them both thus annexed freely to St Johns Colledge in Oxon expressing many godly reasons in a pious letter of her grant to advance the glory of God to her power and give the world some testimony that she had not been a fruitlesse observer of those who taught her that knowledge without its fruit and that love of Christ without love to his Church was but an empty mask of an empty faith Thus with devout prayers for a blessing from God upon those which should be chosen Rectors there she commended the deeds and conveyances of the Parsenage for ever to the Colledge And this way doth justly seem the best manner of restitution it being a double benefit to the Church both in providing carefully for the Parish and selecting out of the Vniversities able and worthy Divines in due time and manner without any corruption which the Colledges are carefull to avoid and therefore that course was followed by Sir Ralph Hare already mentioned by the prudent advise of Sir Henry Spelman which course if it had been observed by them who lately were imployed in purchasing of Impropriations they had freed themselves from sinister suspitions by devesting themselves wholly of any profits reserved to their disposing and might have much advanced the glory of God by diligent preaching within the campasse of few years and many would have been perswaded easily to become contributers and benefactors to their purpose Divers Colledges in Oxon having been anciently possessed of Impropriations have of late years taken a course to reserve a good portion of the tithe corn from their tenents thereby to increase the Vicars maintenance so that the best learned Divines are willing to accept the Livings and yet the Colledge is not diminished in rents but loseth onely some part of their fine when the tenants come to renue their Leases Certain Bishops also have done the like as Dr Morton whiles he was Bishop of Lichfield did abate a good part of his fine to encrease the portion of the Minister in the Vicarage of Pitchley in Northamptonshire belonging to his Bishoprick and so did his successor Dr Wright for the Vicarage of Torcester also in the same shire which was very piously done considering what great Lands and Manours were taken away from that Bishoprick among others and some Impropriations given in lieu of them Besides this present Parliament hath taken singular care to augment the maintenance of many poor Vicarages and other small Livings wherein they have proceeded carefully and have made many additions to severall poor benefices for the better inabling of the incumbent Ministers to be faithfull and diligent in their callings And while Sir Hen. Sp. lived there came some unto him almost every Terme at London to consult with him how they might legally restore and dispose of their Impropriations to the benefit of the Church to whom he gave advice as he was best able according to their particular cases and inquiries and there wanted not others that thanked him for his book promising that they would never purchase any such appropriate Parsonages to augment their estates Whereby it appears how effectually the consciences of many men were moved with his moderate and pious perswasions and himself was much confirmed in his opinion of the right of Tithes which moved him to consign his works of this argument besides others to my care with direction to publish them as is also expressed in his last Will and Testament Whereupon I hold my self obliged in conscience and duty to God and to the memory of this excellent Knight to whom I was infinitely obliged for his instructions conferences and favours which I enjoyed in the course of my studies many years frequenting his house and company not to conceal these works any longer from the publique view but to publish them to the benefit of the Church and servants of God now especially when prophanenesse hath so licentiously overflowed and the covetous wretches and Mammonists of this world have begun to withdraw and deny their Tithes muttering that they are Popish and superstitious and therfore to be rooted out as their language is wherein yet the Parliament hath honourably discovered their zeal and care by their censure and check upon the Petition against Tithes exhibited in May 1646. and by their Ordinance providing for the true payment of all tithes rights and dues to the Church as more fully appears therein Wherein they have followed the moderne and ancient Lawes as that expression of the Act of Parliament 27 Hen. 8. cap. 20. That whereas numbers of ill disposed persons having no respect of their duty to Almighty God but against right and good conscience did withhold their Tithes due to God and holy Church as in that Statute is more at large expressed So in the 12. Tables Sacrum sacrove commendatum qui dempserit rapseritve parricida esto It being accounted sacriledge by all Laws to take away such things as have been formerly given to God for so they were given expresly to God as Magna Charta saith Concessimus Deo we have given to God for us and our heirs c. So Charles the great We know that the goods of the Church are the sacred indowments of God To the Lord our God we offer and dedicate whatsoever wee deliver to his Church Cap. Car. lib. 6. So Tully anciently Communi jure gentium sancitum est ut ne mortales quod Deorum immortalium cultui consecratum est usucapere possint So Calvin Sacrum Deo non sine insigni in eum injuria ad profanos usus applicatur Instit. li. 3. cap. 7. § 1. Tithes therefore being consecrated unto God ought carefully to be preserved in these days in regard the Church enjoyeth not the tithe of the tenth which formerly it had and hath also to this day among the Papists who doe not take away from the Church but are ready to restore as they have done in many Countries CONTENTS OF THE SEVERALL TREATISES AND CHAPTERS The larger Book of Tithes containing these particulars following The Introduction to it Cap. 1. VVHat things be due unto God first a portion of our time pag. 1 Cap. 2 The second sort of tribute that we are to render unto God that is a portion of our land pag. 2 Cap. 3 That the portion of land assigned to God must be sufficient for the habitation of the Ministers pag. 3 Cap. 4 That Christ released not the portion due to God out of our lands pag. 6 Cap. 5 What part in reason and by direction of nature might seem fittest for
God pag. 8 Cap. 6 Concerning the revenue and maintenance of the Church in her infancy first in Christs time then in the Apostles in the Churches of Jerusalem Alexandria Rome and Africa pag. 11 Cap. 7 That the service of the Levites was clean altered from the first Institution yet they enjoyed their Tithes pag. 33 § 1. Of Templar Levites § 2. Of Provinciall Levites Cap. 8 The great account made of Priests in the old Law and before pag. 42 Cap. 9 When our Saviour commanded the Disciples should take nothing with them but live of the charges of the faithfull this bound not the Disciples perpetually pag. 44 Cap. 10 That many things in the beginning both of the Law and the Gospel were admitted and omitted for the present or reformed afterward pag. 46 Cap. 11 That upon the reasons alledged and others here ensuing the use of Tithing was omitted in Christs and the Apostles time and these reasons are drawn ab expediente the other à necessitate pag. 51 Cap. 12 That Ministers must have plenty pag. 55 Cap. 13 Not to give lesse then the tenth pag. 57 Cap. 14 The Etymology and definition of Tithes and why a tenth part rather then any other is due pag. 67 Cap. 15 Who shall pay Tithe pag. 76 Cap. 16 Out of what things Tithe is to be paid pag. 79 Cap. 17 That things offered unto God be holy pag. 62 Cap. 18 Tithes must not be contemned because they were used by the Church of Rome pag. 64 Cap. 19 That the Tradition of ancient Fathers and Councels is not lightly to be regarded pag. 86 Cap. 20 Ancient Canons of Councels for payment of Tithes pag. 88 Cap. 21 In what right Tithes are due and first of the Law of Nature pag. 93 Cap. 22 How far forth they be due by the Law of Nature pag. 94 Cap. 23 Tithes in the Law of Nature first considered in Paradise pag. 97 Cap. 24 The time of Nature after the fall pag. 100 Cap. 25 That they are due by the Law of God pag. 104 Cap. 26 That they are due by the Law of Nations pag. 113 Cap. 27 That they are due by the Law of the Land pag. 129 Cap. 28 Tithe is not meerly Leviticall How it is and how not and wherein Iudaicall pag. 139 § 1. An Objection touching Sacrifice First-fruits and Circumcision § 2. Touching the Sabbath day Easter and Pentecost Cap. 29 How Appropriations began pag. 151 § 1. That after the Appropriation the Parsonage still continueth spirituall pag. 157 § 2. That no man properly is capable of an Appropriation but spirituall men pag. 159 § 3. What was granted to the King pag. 161 § 4. Whether Tithes and Appropriations belonged to the Monasteries or not pag. 163 § 5. In what sort they were granted to the King pag. 164 § 6. That the King might not take them pag. 165 § 7. Of the Statute of dissolution that took away Impropriations from the Church pag. 167 § 8. That the King may better hold Impropriations then his Lay Subjects pag. 169 An Apology of the Treatise De non temerandis Ecclesiis An Epistle to M. Rich Carew concerning Tithes A Treatise of Impropriations by Sir Francis Bigot Knight of Yorkshire An Epistle to the Church of Scotland prefixed to the second Edition of the first Treatise printed at Edinburgh Errata addenda IN the Introduction pa. 1. oweth r. onely Pag. 17. quinto r. quinque P. 18. Cities r. Citizens P. 20. Abraham r. Abel P. 67. Tâ—â—tum r. totum P. 68. quaestorum r. quaesitorum P. 75. caeduus r. arduus P. 78. guests r. gifts P. 82. N. F. r. ut ff P. 115. peret r. peâ—et P. 117. Therumatus r. Therumahs P. 166. even christian r. emne christen Some places and quotations are defective in the originall and could not easily be supplied which the Reader may please to excuse till further search can be made In the catalogue of Benefactors and Restorers of Impropriations there is omitted among others The Right honourable Lo Scudamore Viscount Slego who hath very piously restored much to some Vicarages in Herefordshire whereof yet I cannot relate particulars fully Dr Fell the worthy Dean of Christ-Church in Oxon with the consent of the Prebendaries hath for his short time since he was Dean been very carefull and pious in this kind besides great reparations of the decayed and imperfect buildings and other necessaries of the colledge in renuing and granting Leases to the Tenants of Impropriations he hath reserved a good increase of maintenance to the incumbent Ministers in divers places and hath put things into a course for the like increase in other Vicarages as Leases shall happen to be renewed And much more might have been done if King Hen. 8. had not taken away the goodly Lands provided for that colledge by Wolsey giving Impropriations for them by which exchange he was a great gainer New Colledge Magdalen Coll and Queens Coll have done the like upon their Impropriations and some others have made augmentations also whereof the particulars shall appear hereafter upon perfect information The Introduction GOD hath created all things for his glory and must be glorified by them all in generall and by every of them in particular The celebration of this his glory he hath committed in heaven to the Angels in Earth unto Man Yea the devils declare his glory and Hell it selfe roareth it forth For this purpose he hath assigned unto man the circuit of the whole earth to be the stage of this Action and the place of his habitation whilst it is in hand He hath delivered unto him the wealth and furniture thereof to be the materials for performing of it and the meanes of his maintenance in the meane season And lest he should want leisure and opportunity sufficient for so great a busines he hath commanded the heavens themselves the Sunne the Moone the Starres yea the whole frame of Nature to attend upon him to apply their sweet influence unto him to assist him in all his indeavours and to measure him out a large portion of time and life for the full accomplishing of this right noble most glorious Vocation It is a rule in Philosophy that Beneficium requirit officium And we are taught by the law of nature that he which receiveth a benefit oweth to his benefactor Honour Faith and Service according to the proportion of the benefit received Vpon this rule was the ancient law not onely of England but of other Nations also grounded that compelled every man that had Lands or tenements of the gift of another to hold them of his Donor and to doe him fealty and service for them that is to faithfull unto him and to yeeld him some kind of vassallage though no such matter were once mentioned betweene them Yea at this day if the King give Lands to any man without expressing a tenure the Donee shall not only hold them of him but he shall hold them by the
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
establishment of the Gospel be impeached and turned out of the course thereof it rising in the midst of the enemies in the flame of persecution and with the opposition of the greatest Potentates in every Region It must therefore have the greater need of sundry Reformations some of the first lineaments must be wiped out some altered some as occasion served must be added or amended the Iudaicall ceremonies that for many years together were permitted in the cradle time of the Church must be taken away Paul that then suffered them now suppresseth them Col. 3. Gal. 3. ca. 4. c. 5. and the holy Ghost throughout all the Epistle to the Hebrews beateth them down for ever Thus as old branches be cut off so some new be ingraffed the Lords day the Feasts of Easter and Whitsontide not spoken of in the beginning are brought in at length Deacons are ordained presently after Christ Act. 6. 2. but no Bishops in 20. years after nor were they then particularly ascribed every one to his limit but many together over one City as at Ephesus Act. 20. 28. So women at first were admitted to be Deacons but time afterwards wore them out Christ commanded his Disciples that they should not goe from house to house but Paul saith I have taught you openly and from house to house Acts 20. 20. To conclude all could not be suddainly done nor compendiously written that belonged to the government of the Church therefore the Apostles left much to the wisedome of the Church under this generall Commission Let all be done in order 1 Cor. 14. 40. a few words but of great extent like that of the Dictators at Rome which being but two words providere reipub gave them authority over every thing CAP. XI That upon the reasons alledged and other here ensuing the use of tithing was omitted in Christs and the Apostles time and these reasons are drawn one ab expediente the other à necessitate THe greater matters thus quailing as aforesaid it could not bee chosen but things of lesse importance must also be neglected especially such as were outward and concerned onely the body amongst which the use of Tithing was likewise discontinued both in the Apostles time and in the first age of the Law when the great ceremonies of Circumcision Sacrifice and Oblations the Passeover c. and many other holy rites were suffered to sleep But some will say God strictly exacted not these things till the place he had chosen was prepared for them that is till the building of the Temple as it is true in part touching the old Law so is it likewise true in the new Law and that therefore Christ and the Apostles exacted not the payment of Tithes in the first pilgrimage and warfare of the Gospel but referred them amongst some other things till the Church were established for as Solomon saith Every thing hath his time and the time was not yet come that the Church should demand her owne lest with Martha shee seemed curious about worldly things rather then as Mary to seek the spirituall When the Kingdome was rent from Saul and given to David David by and by sought not the Crown but life and liberty so the Priesthood being rent from Levi and given to the Church the Church by and by required not her earthly duties but as David did life to grow up and liberty to spread abroad for love saith Saint Paul seeketh not her own 1 Cor. 13. 5. and should then the mother of all love the Church be curious herein especially when her necessities were otherwise so abundantly supplied Saint Paul maketh it manifest 1 Cor. 9. throughout where he sheweth that very much liberty and great matters were due unto him in respect of his Ministry yet he concludeth I have not used this power 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but on the contrary part suffered all things ibid. v. 12. and again v. 15. I have used none of all these things But why did he not use them since they were due unto him his reason is that we as though he spake in the name of all the Apostles should not hinder the Gospel of Christ ibid. v. 12. But why should the taking of that was due unto him hinder the Gospel because the malicious backbiters would thereupon report that he rather preached it for gain then of zeal and so abased his authority in the Gospel ib. 18. wheras by this course of taking nothing for his pains hee made it as he saith free ibid. and stopped their mouths Thus it is evident that the Apostles not onely neglected but absolutely refused even the things that they certainly knew to belong unto them Another reason why the Apostles received no Tithes drawn à necessitate The very condition of the Church in the time of the Apostles could not suffer them to receive Tithes for as the Levites received them not in their travell and ways but when they were setled and the Temple built so the Apostles being altogether in travel through all parts of the world and in continuall warfare with the enemies of the Gospel one while in prison another while in flight always in persecution much lesse could they look after Tithes which also were not to be paid as they needed them but at the times and places onely when and where they grew to be due and ere that time came they that were to receive them were in another Countrey many hundred miles off for example the holy Ghost saith that Peter walked through all quarters Acts 9. 32. one while at Lydda ib. another while at Joppa ib. v. 36. first at Jerusalem after at Antioch in Syria Gal. 2. 11. then at Babylon in Aegypt 1 Pet. 5. 13. Paul and Barnabas being at Antioch aforesaid or sent forth by the holy Ghost first to Seleucia in Syria then to Salamis and Paphus in the Isle of Cyprus after from thence to Perga in Pamphilia so to the other Antioch in Pisidia Acts 13. after to Iconium Lystria Derbe the parts of Lycaonia So again to Antioch in Syria thence to Jerusalem and presently back to the same Antioch where Paul and Barnabas breaking company Barnabas with Mark saileth to Cyprus Paul taking Silas travelleth through Syria and Cilioia confirming the Churches Then he commeth to the Countries of Phrygia Galatia Mysia from whence being called by the holy Ghost he leaveth Asia and passeth by Samothracia into Europe preacheth at Philippi a City of Macedonia furthest North-ward of all Greece then back again and up and down Asia to Jerusalem again and from thence at length to Rome Reade Acts 13. 14 15 16. cap. I will not speak of that Theodoretus and Sophronius the Patriarch of Jerusalem affirm that after his first imprisonment at Rome he preached the Gospel to the Britaine 's our Countrymen for happily he might doe that at Rome But to come to the rest of the Apostles Bartholomew as Jerome witnesseth Catalog script Eccles. Tom. 1. goeth to the Indians Thomas
adding further that it was manifest that the Bishops and Priests did divide it to the Deacons and the rest of the Clerks And though the Greek copy in this place calleth not these fruits 〈◊〉 Tithes yet the Canon seemeth to bee meant thereof for other fruit none was to be carried to the house of the Bishop or to bee divided amongst the Priests and the Deacons save offerings tithes and first-fruits therefore the old Translation of the Canons out of Zonaras expresseth it tithe and first-fruits And this fashion here received of sending these things to the house of the Bishop and his dividing of them among the Priests and Deacons sheweth the great antiquity of this Canon for it appeareth that the first usage was so and that the Ministers had menstruam sportulam every month a basket of the offerings and tithes for their maintenance whereupon they were called Clerici sportulantes i. basket Clerks Vid. Cyprian Epist. 34. 66. Baron anno Ch. 57. Num. 72. 145. anno 58. Num. 89. And the people then offered accustomably to the Altar and for the maintenance of the Priests Concilium Agrippinense cap. 6. Anno 356. first decreeth that Tithes shall be called Dei Census Gods rent and reciting that the third part thereof as was declared in the Toletan Councell belonged to the Bishops yet according to the Roman use they agreed to take but every year the fourth part which upon excommunication they commanded to be paid Burchand lib. 3. ca. 135. Concil Romanum 4. sub Damaso about the year 375. amongst the Decrees thereof it is ordained ut decimae atque primitiâ— Ã fidelibus darentur qui detrectant anathemate feriantur that tithes and first-fruits should be paid by the faithful Concil Aurelianense 1. sub Symmacho An. 507. Can. 17. decreeth that the Bishops shal have every year the fourth part or every fourth year the whole tithe Tom. 2. Con. Concilium Tarraconense sub Hormisda An. 517. Can. 8. juxta Burchandum 9. juxta Bin. saith that it was an Order antiquae consuetudinis that the Bishop should have the third part of all things yeerly and therefore willed it still to be kept Burchard lib. 3. Ca. 33. Bin. Tom. 2. Conc. Concilium Mediomatricis Anno willeth the Bishops to reprove prohibeant them that would not pay Tithe without some reward be given them Bur. l. 3. C. 134. Concilium Toletanum Anno 533. divideth all Church rights into two sorts of oblations one to be those that are offered i. e. given to the Parish Churches as Lands Vineyards bond-men c. and willeth that these should be wholly in the ordering of the Bishops The other to be those of the Altar whereof it commanded â—â—e third part to be carried to the Bishop and two parts to be for the Clerks And of Tithes it saith that according to some the third part yearly or every third year the whole was so paid But that they following the manner of the Roman Church decreed that the Bishops should have every year the fourth part or every fourth year the whole tithe Burchard lib. 3. C. 136. Bin. paulo aliter Tom. 1. In a collection of Canons of an uncertain Author in the Vatican Library this is attributed to Sylvester who was Bishop of Rome 315. Binnius in a note upon this Canon somewhat differeth in words Concilium Matisconense 2. sub Pelagio 2. Anno 588. affirmeth Tithes to be due by the Laws of God that the whole multitude of Christians kept those Laws very warily of long time that by little and little they were in those days almost wholly neglected And this Councell decreeth that the ancient usage of the faithfull should bee revived and that all the people should bring in their Tithes to them that ministred the ceremonies of the Church c. otherwise to bee excommunicated Tom. 2. Con. Concilium Hispalense sub Gregorio 1. Anno 590. concludeth thus That if any mantithe not all these things viz. before named he is a spoiler of God a thief and a robber and the cursings that God put upon Cain for his deceitfull dividing are cast likewise upon him Ivo p. 2. 174. Tom. 2. Concil Concil Valentinum sub Leone 4. Anno 858. ca. 10. That all faithfull men should with all readinesse offer their ninths and tithes to God of all that they possesse c. upon perill of excommunication Tom. 3. Con. Concil Rothoma cap. 3. nameth particularly what ought to be tithed and commandeth to doe it upon pain of excommunication Burchard li. 3. ca. 130. and annexeth the Councell Mogunt ca. 38. Concil Cavallon ca 18. Anno 8â—3 That Bishops Abbots and religious persons should pay them to Churches out of their possessions and families where they baptized and received Burch lib. 3. ca. 132. And Concil Cavallon c. 1. decreeth that all Churches with their whole livings and tithes should bee wholly in the power of the Bishops and to be ordered â—â—d disposed by him Burchard lib. 3. ca. 146. Concil Moguntin 1. ca. 8. recited by Burchard who lived about 6â—0 years since saith that Abraham by his action and Jacob by his promise declared unto us that tithe was to be given to God The Law hath since confirmed it and all the holy Doctors are mindfull of it c. Hereof the venerable Doctor Saint Augustine saith Tithes are required as a debt What if God should say quoth he thy self a man art mine and so forth as followeth in that Sermon of his that hereafter we exhibit The Councell proceedeth further shewing reasons why Tithes should be paid That if the Jews were so carefull in executing this commandement as they would not omit it in the least things mint and rue c. as our Saviour testifieth how much more ought the people of the Gospel to perform it that hath a greater number of Priests and a more sincere manner of Sacraments They are therefore to be given unto God that being better pleased with this devotion he may give more liberally the things we have need of That this kind of maintenance is fittest for the Clergy that they otherwise be not troubled with worldly businesse but may attend their calling That the daily offerings of the people and that Tithes are to be divided into four parts according to the Canons The first to the Bishop another to the Minister or Priest Clericorum the third to the poor the fourth to repairing of Churches Burchard li. 3. c. 133. Concil Moguntin 1. cap. 10. tempore Appae 4. 4. Lothar Imp. Anno 847. sub Rabano Archiepiscopo qui scribit Ludovico This Councell admonisheth men to pay their Tithe carefully because God himself appointed it to be paid to himself And that it is to be feared that if any man take Gods right from him God for his sins will take things necessary from him also Tom. 3. Conc. Roman Conâ—il 5. Anno 1078. Tom. 3. saith that Lay-men upon pain of sacriledge excommunication and damnation
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
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
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
tholo Papin So Hesodius offered the tripod he won at Amphidamas game as the prize of Poetry and upon the altar of the Muses Additions to the 26. Chapter of the Law of Nations These Laws of the Heathens are but few of many more that might have been collected If any Reader therefore desire to be further satisfied touching the practice and custome of the Gentiles in payment of tithes he may abundanly receive content from M. Selden in his History cap. 3. and Mountague in his Diatrib cap. 3. out of both some collections are here added Some perhaps will say it is lesse materiall to consider their doings seeing we Christians have the light of Israel to direct us and the assured Word of God to our guide as for the customes of the Gentiles they might in many things imitate Gods own people but we may have recourse to the fountain of all truth to Him who is the way the truth and the light It is true but God himself hath been often pleased to upbraid and provoke his own people by the example of a foolish and ignorant people and to call heaven and earth to witnesse against his own when they have been obstinate and perverse in their ways And our Saviour saith that the men of Ninive shall rise up in judgement and also the Queen of Sheba against them who neglected so great means of salvation and instruction as the people enjoyed when he and his Disciples preached to them and that it shall be more tolerable for Sodome and Gomorrah at the last day then for Chorazin and Bethsaida who heard his doctrine and saw his works So doubtlesse we Christians in this last age in this light of learning and sun-shine of the Gospel may learn by the examples of the very Heathens who were so precisely observant both of the quantity the tenth and of the quality in giving the best of the encrease which must needs proceed out of some secret inclination unto that practice whereof as in many other remains of naturall notions they knew no reason but were secretly inclined thereto by that Providence which disposeth all things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or at least from long continued practice and traditions as they had many taken from divine instruction at the first though whence they had them they could not tell not utterly abolished and obliterated in the darknesse of Pagan errors Paulus Diaconus in his abridgement of Festus doth witnesse the generall practice of the Gentiles Decima quaeque veteres diis suis offerebant Diodorus Siculus lib. 4. saith That Hercules being very well pleased with the kindnesse of the Inhabitants of Palatium foretold them that after his Canonication those that would consecrate the tenth part of their substance unto Hercules should be very fortunate and prosperous in the whole course of their life which continued saith Diodorus a custome unto my time and he lived in the days of Julius Caesar. And prosecuting the point doth instance in Lucullus and other wealthy Romans saying Many Romans accordingly not onely such as were of very mean estates but also many of the richest sort have made these vows unto Hercules to give him the tenth of all and they becomming afterward very wealthy have accordingly given unto him the tenth their state amounting to M. M. M. M. Talents L. Lucullus well-nigh the wealthiest Romane of his time making an estimate of all that he was worth gave the tenth in oblation unto this Deity which tenth he laid out upon many and sumptuous feastings to his honour gifts to his Temples and the like And these Herculean Tenths were Therumatus of a fair eye given with a liberall and plentifull hand as appeareth by that which Sylla Lucullus and Crassus did So Plautus useth obsonare pollucibiliter to riot it and fare as they doe that sacrifice unto Hercules and quaestus Herculeus exceeding great gains which is a most sure proof how prodigally liberall these Pagans were in paying their tithes of their never so great wealth unto their poppet gods having never heard of the reward of the righteous nor happinesse in heaven laid up for all those that so honour God And to this doth Tertullian allude speaking of the prodigality of the Gentiles in such Feasts Herculanarum decimarum polluctorum sumptus tabularii supputabunt Which ready forwardnesse of theirs shall one day rise up in judgement and cause it to be easier in the day of vengeance for those Pagans that knew not God then it will be for many millions of Christians that are both witty and couragious to withhold from God his due and defraud him of that which in his name and for his right sake was given unto those that intruded on his place as an annexum thereto amongst the Pagans Halicarnasseus reporteth that the Pelasgi in a dearth and great scarcity of all things vowed upon plenty sent unto them to give the tenth of all that God should send unto them unto Jupiter Apollo and the Cabiri or the Samothracian Deities intending that this misery and scarcity came unto them for their former neglect and contempt of that part of piety Vpon this vow of amendment they had their desire plenty was sent them and then setting aside the dedicate portion the tenth of all their encrease of their grounds and of their cattell they offered it unto those gods The perpetuall use and practise amongst the Romans appeareth by Trebatius who wrote saith Macrobius de religionibus of the religious rites and ceremonies of the Pagans Trebatius in that Book as Arnobius telleth us declareth a custome yearly with the Romans That the encrease of their Vintage was by solemn words and formalities set apart from ordinary and common use for untill that ceremony so performed whereby God did as it were give possession unto men He as the giver of all things and so of that naturall encrease had in their opinion and this is a most remarkable passage for the right of Tithes as they opined right unto and interest in all Nor was it lawfull among them for any man whatsoever to use his own as his own though it grew upon his own ground was manured tilled sowed set preserved at his cost with his labour and diligence untill God had given him leave to doe it being supplicated and sollicited thereunto by this formall ceremony This is the summe of Trebatius discourse in Arnobius This is that which may shame and confound all Christians that acknowledge no such right God hath nor will be induced to professe it so this will rise up in judgement against all maligners at and detainers of the Churches portion in Tithes Gods right our inheritance by better conveyance then Muncipall Laws can afford any Cato de re rustica ca. 132. hath the practice and the form Jupiter dapalis quod tibi fieri oportet mark the word oportet a matter of necessity not of voluntary devotion in domo familia mea culignam vini Dapi ejus rei
of our English Councels wherein not onely these Laws mentioned are recited but also many other Laws and Constitutions concerning Tithes by other Kings and Parliaments of that age It would have been an easie matter to have inserted them at large here being there set down in order of time successively but because I am unwilling to add any thing or alter in the text of his discourse and that the Tome of the Councels is obvious to every mans perusall I will onely adde some brief references to them as also to M. Selden in the eight chap. of his History who hath recited them all and some more then are here mentioned From both these learned Lawyers the studious Reader may be abundantly satisfied especially when the second Tome of the Synods shall be extant there will be full testimony of our own Laws to confirm this truth for 500. years after the Conquest as these are for 500. years before it When Gregory the great sent Augustine about the year 600. Chr. assisted with 40. Preachers to publish the Gospel to our forefathers in England it is testified by the Laws of Edward the Confessor among other things that he preached and commanded Tithes to be paid Haec beatus Augustinus praedicavit docuit haec concessa sunt à Rege Baronibus populo sed postea instinctu diaboli multi eam detinuerunt c. and all this was confirmed by the King and his Barons and the people Tom. 1. Concil Brit. pag. 619. § 8 9. Egbert Archbishop of York brother to Eadbert King of Northumberland published Canons about the yeare 750. which did binde all the Northern parts and Scotland in those days wherein he directeth all Ministers to instruct their people when and how to pay their Tithes Tom. 1. Con. pa. 258. Can. 5 c. About the year 786. in the time of Offa a great King of Mercia and Helfwood King of Northumberland and the two Archbishops there was a great Councell held by two Legates from Hadrian the first wherein Tithes were established and it was likewise confirmed in the South part by the King of West-Saxony And as M. Selden saith it is a most observable Law being made with great solemnity of both powers of both States History cap. 8. pag. 201. Tom. 1. Con. pag. 291. Can. 17. In the year 855. King Ethelwolph by the consent of all his Baronage and Bishops granted the perpetuall right of Tithes to the Church throughout his whole kingdome and that free from all taxes and exactions used then in the State and this statute is very remarkable and was confirmed by other Kings Brorredus and Edmundus of East-Angles Tom. 1. Con. pag. 384. For the Northern Clergy there was a Law made to punish the non-payment of Tithes Tom. 1. Con. pag. 501. In a great Parliament at Earham Anno 1009. by all the States assembled under King Ethelred Tithes are commanded and confirmed Tom. 1. Con. pag. 510 c. Maccabeus an ancient King of Scotland confirmeth Tithes in his Laws Con. pag. 571. Anno 1050. In the Canons of Aelfric Tithes are confirmed Anno 1052. Con. pag. 572. These and many other Constitutions and Laws are particularly and more fully recited in the first Tome of our Councels and in Mr Seldens History cap. 8. from whence the Reader may please to take satisfaction for the space of some 500. years before the Conquest William the Conquerour in the fourth year of his reign when he took a view of all the ancient Laws of the Land he first confirmed the liberties of the Church because that by it saith Hoveden the King and the kingdome have their solid foundation pag. 601. and herein amongst other Laws of King Edward these particularly touching Tithes which Hen. 1. also did Anno 1100. as appeareth by Mat. Par. pa. 53. The like did also Hen. 2. in the 26. year of his reign as Hoveden witnesseth pa. 600. And for a perclose of all that went before or should follow after King Hen. 3. in the ninth year of his reign by that sacred Charter made in the name of himself and his heirs for ever granted all this a new unto God We have granted saith he unto God and by this our present Charter have confirmed for us and for our heirs for evermore that the Church of England shall be free and shall have all her holy rights inviolable Magna Charta cap. 1. And that this Charter might be immortall and like the sanctified things of the Temple for ever inviolable it was not onely fortified by the Kings Seal the sacred Anchor of the kingdome but by his solemn oath and the oath of his sonne and the Nobility of the kingdome Yea the whole kingdome yeelded themselves to stand accursed if they should at any time after impeach this grant And therefore in the 25 Ed. 1. a speciall Statute was made for confirmation of this Charter wherein amongst other things it is ordained that the Bishops shall excommunicate the breakers thereof and the very form of the sentence is there prescribed according to which upon the 13. Maii Anno 1304. Ed. 1. 31. Boniface the Archbishop of Canterbury and five other Bishops solemnly denounced this curse in Westminster Hall the King himself with a great part of the Nobility being present First against all them that should wittingly and maliciously deprive or spoil Churches of their rights Secondly against those that by any art or devise infringed the liberties of the Church or Kingdome granted by Magna Charta de Foresta Thirdly against all those that should make new Statutes against the Articles of these Charters or should keep them being made or bring in or keep other customes and against the writers of those Statutes Counsellors and Executioners thereof that should presume to give judgement according to them And lest this should seem a passion of some particular men for the present time rather then a perpetuall resolution of the whole kingdome in the succeeding ages the zeal and care thereof was continually propagated from posterity to posterity So that in 42 Ed. 3. cap. 1. it was further enacted that if any Statute were made contrary to Magna Charta it should be void And 15. times is this Charter confirmed by Parliament in Ed. 3. time eight times in Rich. 2. reign and six times in Hen. 4. Yea the frontispice of every Parliament almost is a confirmation of the rights and priviledges of the Church as having learned of the very Heathen Poet who had it from the law of Nature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we begin ever with God Neither was there any man found that ever would or durst with Nero lay hands upon his Mother the Church for he that smiteth his father or mother shall die the death Exod. 20. 15. Heu tot sancitas per plurima secula leges Hauserit una dies hora una et perfidus error My meaning is not to strain these Laws to the maintenance of such superstitious
a year So that the Appropriation of a Parsonage was no more at the first but a grant made by the Pope c. to an Abbot Prior Prebend or some other spirituall person being a Body politique and successive that he and his successors might for ever be Parsons of that Church that is that as one of them died his successors might enter into the Rectory and take the fruits and profits thereof without further trouble of admission institution or induction which upon the matter was no more but to doe that briefly at one cut that otherwise might and would in length of time be done at severall times as to admit institute and induct the whole succession of a religious body politique at once whereas otherwise every successour must have had a particular institution and induction and therefore every such successour during his time was as perfect an Incumbent as if he had been particularly instituted and inducted but when the succession failed then it was again presentative as upon the death of an ordinary Incumbent and by extinction of the House dissolution cession or surrender of the House and Order the appropriation is determined and they are now again presentative for the appropriation is but as a stop in a run which being taken away the former right renueth What alteration then did the Statute make of them did it make them lay or temporall Livings no the words of the Statute are That the King shall have them in as large and ample manner as the Governors of those houses had them c. So that though the Statute changed the owner of the thing yet it changed not the nature of the thing The Monasticall persons had them before as spirituall Livings and now the King must have them in as large manner but still as spirituall Livings and with much more reason might the King so have them then any other temporall men for as the Kingdome and Priesthood were united in the person of our Saviour Christ so the person of a King is not excluded from the function of a Priest though as Christ being a Priest medled not with the kingdome so they as Kings medle not with the Priesthood Yet by the Laws of the Land the King is composed as well of a spirituall body politique as of a temporall and by this his spirituall body he is said to be supream Ordinary that is chief Bishop over all the Bishops in England and in that his Ecclesiasticall or Spirituall authority doth many things which otherwise in his temporall he could not doe and therefore the Statute of 25 H. 8. cap. doth agnise the words authoritate nostra regia Suprema Ecclesiastica qua fungimur which the King useth in divers Charters touching spirituall causes doe testifie that he taketh upon him the execution thereof and therefore in this respect he may much better hold them then his lay subjects Neither is this authority of the King founded upon the Statute of H. 8. or any other puisne institution but deduced anciently from the very Saxon Kings as appeareth by many of their Laws and Charters wherein as supream Ordinary they dispose of the rights and jurisdiction of the Church delivering unto religious persons greater or lesser portion thereof according to their own pleasure and abridging and exempting other from the authority of the Bishops and Archbishops or any other Ecclesiasticall Prelate And in this respect it seemeth that the Chappell of the Kings house was in ancient time under no other Ordinary then the King himself for William the Conquerour granting all exemption to Battail Abbey granteth that it shall be as free from the command of any Bishops as his own Chappell Dominica Capella which as it thereby seemeth was under no other Bishop then the King himself But the Bishops agreed to the granting away of these Church Livings It is true that the Law accounteth the judgement of the major part to be the judgement of all but the Bishops cannot be said to have agreed unto it as being willing with it but as concluded by legall necessity and inference For though all the Bishops said nay yet the Lay Barons by reason of their number exceeding the Bishops were not able to hinder it and no man doubteth that in publique suffrages very many times major pars vincit meliorem therefore I neither accuse nor condemn the reverend Bishops herein for their voices though they had given them every one against the Bill were not able to hinder it Neither doe I think but that they being men of another profession unexercised in the elenchs of the Law were overtaken in the frame of words and thereby passed that away in a cloud which if they had perceived could never have been won from them with iron hooks But in this matter there being a question of Religion Whether Tithes be due jure divino or whether they could be separated from the Church it was not properly a question decidable by the Parliament being composed wholly of Lay persons except some twenty Bishops but the question should first have been moved amongst the Bishops by themselves and the Clergy in the Convocation house and then being there agreed of according to the Word of God brought into the Parliament For as the Temporall Lords exclude the Bishops when it commeth to the decision of a matter of bloud life and member so by the like reason the Bishops ought to exclude the Temporall Lords when it commeth to the decision of a question in Theology for God hath committed the Tabernacle to Levi as well as the kingdome to Juda and though Juda have power over Levi as touching the outward government even of the Temple it self yet Juda medled not with the Oracle the holy Ministery but received the will of God from the mouth of the Priest Therefore when Valentinian the Emperour required Ambrose to come and dispute a point of Arianisme at his Court he besought the Emperour that he might doe it in the Consistory amongst the Bishops and that the Emperour would bee pleased not to be present among them lest his presence should captivate their judgements or intangle their liberty That after the Appropriation the Parsonage still continueth spirituall It appeareth by that which is afore shewed and the circumstances thereof that the Appropriating of a Parsonage or the endowing of a Vicarage out of it doe not cut the Parsonage from the Church or make it temporall but leaveth it still spirituall as well in the eye of the Common Law as of the Canon Law for if it became temporall by the Appropriation then were it within the Statute of Mortmain and forfaited by that very Act. But it is agreed by the 21 Ed. 3. f. 5. and in Plowd Com. fo 499. that it is not Mortmain and therefore doth continue spirituall for which cause also the Ordinary and Ecclesiasticall Officers must have still the same authority over such appropriate Churches as they had before those Churches
In as large and ample manner as the Governours of those and such other religious Houses have or ought to have the same in the right of their Houses 3. To have and to hold c. to his Majesty his Heirs and Assigns to doe and use therewith his and their own wils to the pleasure of God and to the honour and profit of this Realm The words have divers significations and therefore make the sense the more obscure Monasteries Priories and religious Houses are 1. Sometimes taken personally for the Heads and Members of the House that is for the men of the House as Church for the Congregation City for Citizens 2. Sometime they are taken locally for the soil of the House and in this sense one while extensively to all the Territory thereof another while restrictively to the site and building onely 3. They are taken civilly or locally for the whole rights of the House the lands the rents the possessions and inheritances whatsoever In which of these senses the Parliament hath given them to the King and whether in all of them or not it is not manifest but I conceive the words must be taken in the last sense which as the more generall includeth also the second and if the very carkasses of the Monastery persons had been worth the having might well enough have fetcht them in also Therefore though after these generall and spacious words there followeth a grant of divers particular things as Sites Circuits Granges Meases Lands Tithes c. yet I take this to be but an enumeration of the things in specie which before are granted in genere for if the generall words have not carried them as the body carrieth the members then it seemeth these particulars doe not carry them for they are granted but as Appurtenances to the said Monasteries and Houses for the words be Sites Circuits Lands Tithes c. appertaining or belonging to every such Monastery words in my understanding onely of explanation and restraint and not trenching to the enlargement of the grant So that upon the matter the Parliament hath granted Tithes and Appropriations to the King if they belonged unto the Monasteries and not otherwise Let us therefore see whether they belong or not Whether Tithes and Appropriations belonged to the Monasteries or not Abbots Priors and such religious men had two sorts of Tithes one incorporate to their Houses which I call Monasticall Tithes the other depending upon their function as they were Parsons of any Parish which therefore I call Parish Tithes 1. The first of these came unto them as their very lands did by plain point of Charter for before the Lugdune and Lateran Councels every man might bestow his Tithes upon what religious House person he listed and then the founders and benefactors of religious Houses did ordinarily grant all or some portion of their Tithes to those Houses as by a multitude of precedents thereof appeareth From hence it rise that the Monasteries had so many portions of Tithes or rents for them which we call Pensions out of so many severall and remote places of the kingdome and therefore all these Tithes how unjustly soever they were conferred upon them were de corpore Monasterii and passed undoubtedly to the King 2. But the other sort that is Parish Tithes belonged onely to the Parson of the Parish by reason of his function and incumbency which function though by act of Appropriation it were collated upon these religious men yet did it not invest the property of those Tithes in their Monasteries but made their persons capable of them by reason of that their function for without their function of being Ecclesiasticall persons they could not have them being forain unto them as I may tearm it and not domesticall as belonging to their house or monasticall as belonging to their conventuall body In what sort they were granted to the King Though the Parliament hath power to dispose temporall inheritance and to make Lawes to binde the rights of subjects yet it is confessed by the Books of the Law themselves that it can establish nothing against the law of God and therefore if Tithes be in the Clergy by the Law of God as before we have shewed then can they not be pulled from him by any law of man Neither hath the Parliament as it seemeth attempted to doe it but insomuch as they were misemployed by the Clergy of that time therefore the Parliament took them from them and gave them to the King not in any new course of property or to be enjoyed by him as his temporall inheritance but to be his in as large and ample manner saith the Statute as the Governours of those religious Houses had or ought to have the same Now it is apparent that the Governours of religious Houses neither had them nor ought to have them otherwise then to the service of God and benefit of the Church To what end they were granted to the King This point dependeth upon the precedent for the end why they were given unto the King is declared by the manner of giving them unto him Therefore though the Statute saith To have and to hold to his Majesty his heirs and their own wils to doe and use therewith his and their own wils yet lest their wils should decline from the due employment of them as the religious persons did therefore the Statute addeth these words to the pleasure of God and to the honour and profit of this Realm So that the King had not the things themselves simply but in such manner onely as the religious persons had them and that being but to the service of God and benefit of the Church the King could have them in no other manner then for the service of God and benefit of the Church and then to the words subsequent in the Habendum viz. to doe and use therewith their wils is no more then if we should say That the King c. should have them to dispose of in the service of God and of his Church according to his own will and wisdome which the words annexed plainly intimate appointing unto the King by what bounds and marks hee must walk in disposing of them namely so as may be to the pleasure of God and the honour and profit of the Realm But it cannot be to the pleasure of God that his Ministers should be defrauded nor to the honour and profit of the Realm that the service of God should be hindered or neglected and therefore the King must have and hold them to those purposes and to none other And that the King was not deceived in this kinde of construction of the Act of Parliament it appeareth by a Declaration made by himself freely in an Oration of his unto the Parliament Anno 37. of his reign where he saith I cannot a little rejoyce when I consider the perfect trust and confidence which you have put in me as men having undoubted hope and unfeigned
Livings unto the King made somethings in the Act to passe unconsidered and no doubt amongst other these appropriate Parsonages which in truth are not named in that Act but carried away in the fluent of generall words wherein though Tithes be inserted yet the word may seeme onely to intend such portions of Tithes as belonged to the Monastery it self as many did and not those belonging unto Appropriations since the Appropriations themselves are not there named But I will excuse the matter no farther then equity for after Religion had gotten some strength the following Act of 31 H. 8. c. 13. gives them expresly to the King by the words Parsonages appropried Vicarages Churches c. yet was all this done in the heat and agony of zeal then privily enflamed on all parts against the Romish religion insomuch as other inconveniences and enormities likewise followed thereon as in Ed. 6. the burning of many notable Manuscript Bookes the spoiling and defacing of many goodly Tombes and Monuments in all parts of the kingdome pulling down of Bels Chancels and in many places of the very Churches themselves Moses for haste broke the Tables of the Law and these inconveniences in such notable transmutations cannot be avoided some corn will goe away with the chaffe and some chaffe will remain in the corn mans wit cannot suddainly or easily sever them Therefore our Saviour Christ fore seeing this consequence delayed the weeding out of the tares from the wheat till the Harvest was come that is the full time of ripenesse and opportunity to doe it Besides light and darknesse cannot be severed in puncto the day will have somewhat of the night and the night somewhat of the day the religion professed brought something with it of the religion abolished and the religion abolished hath somewhat still that is wanting in ours and neither will ever be so severed but each will hold somewhat of the other no rent can divide them by a line When the children of Israel came out of Aegypt they brought much of the Aegyptian infection with them as appeareth in the Scripture and they left of their rites and ceremonies among the Aegyptians as appeareth in Herodotus Therefore as Moses renued the Tables that were broken through haste and time reformed the errors of religiō amongst the Israelites So we doubt not but his Mty our Moses wil still proceed in repairing these breaches of the Church and that time by Gods blessing wil mend these evils of ours I will not take upon me like Zedechias to foretell having not the spirit of prophecy but I am verily perswaded that some are already borne that shall see these Appropriate Parsonages restored to the Church let not any man think they are his because Law hath given them him for Tully himself the greatest Lawyer of his time confesseth that Stultissimum est existimare omnia justa esse quae sita sint in populorum institutis aut legibus Nothing to be more foolish then to think all is just that is contained in the Laws or Statutes of any Nation Experience teacheth us that our own Laws are daily accused of imperfection often amended expounded and repealed Look back into times past and we shall find that many of them have been unprofitable for the Common-wealth many dishonourable to the kingdome some contrary to the Word of God and some very impious and intolerable yet all propounded debated and concluded by Parliament Neither is this evill peculiar to our Country where hath it not reigned Esay found it in his time and proclaimeth against it Wo be unto you that make wicked Statutes and write grievous things So Tully and the Roman Historians cry out that their Laws were often per vim contra auspicia impositae reipublicae by force and against all religion imposed upon the Common-wealth God be thanked we live not in those times yet doe our Laws and all Laws still and will ever in one part or other taste of the cask I mean of the frailty of the makers It is not therefore amisse though happily for me to examine them in this point if the◠be contrary to the Word of God for I think no man will defend them they leave them to be a Law God cannot be confined restrained or concluded by any Parliament let no man therefore as I say think that he hath right to these Parsonages because the Law hath given them him the law of man can give him no more then the law of Nature and God will permit The Law hath given him jus ad rem as to demand it or defend it in action against another man it cannot give him jus in re as to claim it in right against God Canonists Civilians and common Lawyers doe all admit this distinction and agree that jus ad rem est jus imperfectum right to the thing is a lame Title they must have right in it that will have perfect Title The Law doth as much as it can it hath made him rei usufructuarium but it cannot make him rei dominum the very owner of the thing The books of the Law themselves confesse that all Prescriptions Statutes and Customes against the law of Nature or of God be void and against Justice That the King may better hold Impropriations then his Lay Subjects No man by the Common law of the Land can have inheritance of Tithes unlesse he be Ecclesiasticall or have Ecclesiasticall jurisdiction Lord Coke part 5. Rep. fol. 15. and Plowd fol. So that he which hath Ecclesiasticall jurisdiction though he be no Ecclesiasticall person yet by the ancient Law of the Land he may enjoy Tithes and this concurreth not onely with the Canon Law but seemeth also to be warranted by the example of the Provinciall Levites who medled not with the Temple and yet received their portion of Tithes and other Oblations as well as those that ministred in the Temple But it plainly excludeth all such as be meerly Lay from being capable of them let us then see by what better Title the King may hold them As the head cannot give life and motion to the divers members of the body unlesse it hold a correspondency with them in their divers natures and compositions So the King the head of the politique body cannot govern the divers members thereof in their severall constitutions unlesse he participate with them in their severall natures which because they are part Lay and part Ecclesiasticall the jurisdiction therefore whereby he governeth them must of necessity have a correspondent mixture and be also partly Lay and partly Ecclesiasticall to the end that from these divers fountains in the person of his Majesty those divers members in the body of the kingdome may according to their peculiar faculties receive their just and competent government My meaning is not that a Prince cannot in morall matters govern his subjects professed in religion unlesse himself doe participate with them in some portion of
God for them as their great Patrons and benefactors for that manner of maintenance wherein they have done beyond and above any Parliament that were before them and they continue and persist in the making of such augmentations as occasion is offered to this very day 3. They have given the repulse to divers petitions against Tithes which by the instinct and instigation of men of unsound principles and unquiet spirits have been put up unto them For the second that they will not take them away in time to come I have these grounds if not of infallible certainty yet of very great probability Though they have resolved upon the sale of Bishops lands and revenues in their Ordinance of November 16. 1646. for that purpose they have made an especiall exception with respect to the maiutenance of Ministers in these words Except parsonages appropriate tithes tithes appropriate oblations obventions portions of tithes parsonages vicarages Churches Chappels advowsons donatives nomination rights of patronage and presentation In excepting the right of patronage they meane neither to leave it to the power of the people to choose what Minister they please and the practice of the Honourable Committee for plundred Ministers sheweth the same for they appoint and place Ministers very often without the petitions of the people and sometimes against them as their wisedome seeth cause and if it were not so many would choose such as deserved to be put out againe Nor to put the Ministers upon the voluntary pensions or contributions of the people for their subsistence but assigne them under such a title what belongeth unto them by the Laws of the Land viz. Tithes obventions c. which intimates their mind not onely for the present but for the future Their wisedome well knoweth that the Revenue of Tithes as it is most ancient for the originall of it and most generall in practice both for times and places so it hath the best warrant from the word of God not onely in the old Testament which none can deny but in the new which though it be denyed by some is averred by others as D. Carleton M. Roberts D. Sclater M. Bagshaw in their treatises of Tithes and yet unrefuted by any and from the Laws of many Christian States especially from the Statutes of our Kingdome whereof abundant evidence is given in the booke of the learned Antiquary Sr Henry Spelman 3. That notwithstanding all the authority that may be pleaded for them the people are backward enough to pay to their Ministers a competent maintenance and if Tithes should be put down by the Parliament it would be very much adoe to bring them up any other way to any reasonable proportion of allowance for their support and so in most places the Ministery would be reduced to extreame poverty and that poverty would produce contempt of their calling and that contempt atheisme 4. That it is evident that such as make the loudest noyse against the tenure of Tithes are as opposite to the office and calling of Ministers as to their maintenance and intend by their left-handed Logicke because as the saying is the Benefit or Benefice is allotted to the office to make way for the taking away of the Ministery by the taking away of Tithes and not to wait the leisure of consequentiall operation according to the craft of Julian who robbed the Church of meanes expecting the want of wages would in time bring after it a want of workmen but presently to beare down both as Relatives mutually inferre one another as well by a negative as a positive inference and so as the Parliament having put down the office of the Prelacy now makes sale of their lands they if they could prevaile for the discarding of Tithes would by the same argument clamour and slander presently and importunately presse for deposition of the Ministery And we see how they take upon them with equall confidence and diligence not onely to write but publikely to dispute against them both 5. That if rights so firmely set upon so many solid foundations should be supplanted it would much weaken the tenure or title that any man hath to his lands or goods and would be a ready plea for rash innovators and the rather because of the manner of the Anabaptists proceedings who began their claime of Christian liberty with a relaxation of Tithes and went on to take off the Interdict or restraint in hunting fishing and fowling wherein they would allow neither Nobility nor Gentry any more priviledge then the meanest peasant And as their principles were loose so were their practices licentious for they held a community of goods and equality of estates whereupon the Common people gave over their worke and whatsoever they wanted they tooke from the rich even against their good wills So that it was a breach of their Christian liberty belike to have a lock or a bolt on a doore to keep a peculiar possession of any thing from them And the liberty was more and more amplified according to the fancies of their dreaming doctors for their dreames were the oracles of their common people and every day they set forth their liberty in a new edition corrupted and augmented till all the partition walls of propriety were broken down and so not content to have other mens goods at their disposall and to be quit from payment of rents and debts having made a monopoly of Saintship to themselves they excommunicated all who were not of their faction both out of sacred society of the Church and out of common communion in the world as wicked and profane and unworthy not onely of livelyhood but of life also and usurped a power to depose Prince and other Civill Magistrates as they pretended they had commission to kill them and to constitute new ones in their stead as they should thinke fit Such seditious and sanguinary Doctors as Luther called them did Satan stirre up under the pretext of Euangelicall liberty a liberty which in them admitted of no bounds being like the c. oath without bankes or bottome of no rule or order being carried on with a wild and giddy violence such as the great and pernicious impostor of the world prompted them unto though they vented their diabolicall illusions under the Title of Divine Revelations as the Prince of darknesse made them believe when he put on his holy-day habit the appearance of an Angel of light 2 Cor. 11. 14. 6. That the payment of Tithes where there are the fruits of the earth and increase of cattell out of which they may be raised is the most equitable way and meanes of maintaining the Minister since such a gaine is not onely harmelesse and without sinne for the manner of acquisition which we cannot say of pensions and exhibitions made up out of trade or traffique but such as may be most permanent and constant since whether the Tithe be lesse or more it is still proportionable to the other
Iewish or Popish in Tithes but the assignation of the decimae decimarum from the Leviticall Priests to the high Priest from the high Priest to the Pope and from the Pope to the King when first Pope Urbane gave them to Richard the second to aid him against Charles the French King and others that uphold Clement the seventh against him as Polydore Virgil relateth And King Henry the eighth taking from the Pope the title of head of the Church to himself by Act of Parliament took from him the tenths and other profits annexed to that title which were setled upon the Crown by Statute in the 26th year of Henry the 8. so that the Iewish high Priesthood being expired the papall Lordship abolished the Tithes paid under those titles may be called Iewish and Popish but not that which is assigned for the maintenance of Ministers because they are yet to doe service to their Master and so to receive the maintenance of his allowance for his work which fellow-servants cannot take upon them to take away without presumption their door-neighbour will not allow them a power to appoint the wages of their servants much lesse may they usurp upon the right of God and his Ministers to alienate tithes from the support of his service and worship for that is rather Popish as hath before been observed Which being true and clear as touching the pedegree of such Tithes from the high Priesthood of Aaron to the Independent Prelacy of the Pope and from him to the King as by claim from the title Head of the Church translated from the Miter to the Crown it will not I conceive be thought congruous to the Christian Reformation the thorow Reformation professed by our worthy and religious Rulers that such Monuments of Superstition or Popery should be removed which were unprofitable and that onely retained as a silver shrine to Diana which brings gain to the King or State and puts the charge upon the Ministers of the Gospel who thereby I may say it confidently for some whom I know are brought to this perplexed Dilemma either to pay them with reluctancy as no lesse contrary to their consciences then to their commodities or to deny or withhold them with suspition or imputation of avarice or disobedience to lawfull Authority But the Parliament liketh not that Tithes should be proposed or pressed as many Divines doe both in Pulpit and from the Presse as of divine right which because they think to be wrong they will rather reject them then ratifie them under a title of so high a strain 1. Not onely Divines but divers others who are men of very eminent note hold Tithes to be due by divine right and some of them have undertaken to prove them so and to answer all objections against them which how far they have performed is left to the judgement of indifferent Readers 2. It is more like that as both religion and reason will dictate unto them they will be the more wary how they take them away lest if that tenure should prove true they should be found guilty of the sin of sacriledge that they should abolish them and that they will seriously search and enquire into the ground of that title and while they are in doubt that they will resolve of the safest course which is not to repeal them for as we must forbear to feed of meats of which another saith that they are sacrificed to idols 2 Cor. 10. 28. for his sake that saith it though but a private Christian so if Divines say and bring Scripture and reason for it that Tithes are dedicated to God or by him assumed first to himself and then assigned or set over by him to his servants for his work in waiting on his worship which must be maintained to the worlds end it will be rather a reason for them to support the tenure of Tithes by their Parliamentary power then any way to prompt or dispose them to desert it or to alienate their right from Ecclesiasticall uses The fear of sacriledge hath been of such force with some heathen Moralists as Plutarch observeth in his Morals that if they pulled down a house contiguous to a temple they would leave some of that part standing which was next unto it lest they should with it take away any part of the Temple it selfe Wherein if they shewed any spice of superstition it will be more capable of pardon or lesse liable to punishment at the hand of God then we may expect if we proceed hastily to lay violent hands upon any thing peculiarly entituled to his honour who is the authour and giver of all things to all men 2. If the plea of a divine right for Tithes supposing it setteth them up too high should incline to irritation in some to make opposition against them why should not the contrary tenet which peremptorily taketh them down too low calling them Jewish Antichristian and Popish and that undeniably as hath been said but never can be proved move others the rather to retaine them and confirm them chiefly the Parliament whose authority is most engaged for their justification and especially since the servants of God have had possession of them by so many laws and so long a prescription for according to the maxime of the law the possessors title is the best untill he bee fairly evicted out of it 3. If the Parliament doe not in their approbation of Tithes come up to the tenure of divine right they may yet be willing enough to establish them upon other grounds and leave Divines to the liberty of their judgment consciences to plead for them according to the principles of their own profession as in their Ordinances made for setting up of the Presbyterial Government though yet they be not satisfied of the claim of divine right for it they were pleased to authorize it by their Ordinance and to require Divines to prepare the people for the reception thereof by preaching of it and for it so as both to clear it and assure it so farre as they could by the sacred Scripture And on the other side while they approve it though but by a civill assent as to a prudentiall design untill they see more light which they look for in the Answer to their Queres proposed to the Assembly of Divines the Presbyterians who hold it in the highest esteem take none offence that they proceed no farther and professe themselves well satisfied with their civill sanction so one of the learned Commissioners of Scotland hath said in the name of the rest in these words If they shall in a Parliamentary and Legislative way establish that thing which is really and in it self agreeable to the Word of God though they doe not declare it to be the will of Iesus Christ they are satisfied Ob. If there were no purpose to put down Tithes by such as are in Authority how commeth it to passe that the
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
the Ministery for there were 8 of that Name and of those 8 if Origen be a witnesse of it it must be Vrban the first Anno 227 who sate but 6 yeares 7 moneths there was not another Pope called Vrban untill the year 1087. which was long after the latest of those three viz. Gregory whether they mean Greg. Nazianz. or Greg. Nyssen or Gregory surnamed the Great Bishop of Rome and if Origen testified so much of Tithes recalled by Pope Vrban their originall must be ancienter then 300 years after the ascenson for that Vrban lived not beyond the year 234 and Origen flourished Anno 226. and if Tithes began when Christians gave over the community of goods as these men say p. 2. in the name of Tertullian but bring no proofe of it then had Ministers a propriety in Tithes as soon as others had a propiety of estate and sooner it could not be And that which caused this community the persecution of the Church which reached to his age for the next predecessor to that Vrban Calixtus was a Martyr might very well cause a suspension of Tithes for all that time 2. For the tenure of Tithes there be 3 disputable opinions 1 Whether they be Morall 2 whether Judiciall 3 whether Ceremoniall there is a fourth conceipt that they are meere Almes which is imputed to Wickleff in the 8 session of the councell of Constance but that admits of no dispute since it is repugnant to all appearance of reason 1 Some hold them Morall as those Ministers whom these men pretend to answer most of the Canonists Marc. Anton. de Dom. de Rep. Eccl. l. 9. c. 2. Zepperus in Explic. legum forens Mos. c. 10. and many English Divines 2. Some hold them Judiciall as Bell. lib de Cler. c. 25. 3. Some Ceremoniall as these parishioners doe There is the least reason for this last opinion For Tithes were taken as a tribute by God himselfe as the chiefe Lord of all the earth Levit. 27. 30. whereby hee is acknowledged giver of all and that it is in his power to curse the earth with barrennesse and to starve the creatures that live upon it and this is true of all ages and therefore we reade of payment of Tithes by Abraham Gen. 14. 2. Heb. 7. 4. and vowing of Tithes by Jacob before the Leviticall Priesthood was established Gen. 28. 22. But sacrifices say they are ancienter then Tithes and were long before the Ceremoniall Law was ordained yet they are not to be continued in the time of the Gospel True because they were types of future things to be exhibited in the New Testament but Tithes have no typicall intimation in their institution or use being set apart by God for himselfe and given by him as the wages to his servants for doing his work which he assigned to the Levites for their time and made them sutable to their state by peculiar ordinances as Num. 18. 26 27. c. Levit. 25. 3. 4. 5. which expired with the Priesthood though Tithes in generall did not and therefore such particulars are no more to be urged against that maintenance of Ministers in the New Testament then the Jewish observations of the Sabbath against the keeping of a Christian Sabbath at this day 3. For that they say of inequality in respect of impropriations p. 6. in respect of tradesmen in Townes and Cities who gaine more then farmers and pay no Tithes p. 9. and in respect of the losse which may befall the farmer when he hath not increase to answer his cost and labour Ibid. For the two first it is worthy consideration of those who are in authority how to reduce them to more equality For the third the exception lyeth no more against Tithes now then in the time when they acknowledge them most in force and when it proveth an ill yeare with the plowman it will be well for him to consider whether his unconscionablenesse in Tithes have not procured a curse upon his portion according to the commination in the third of Malac. 8 9. And lastly for the trouble of the Minister 1 If he have but a little Tithe it will be no great trouble for him to order it especially since he may lawfully exchange it into money 2. If he have a great Tithe it will beare the charge of a servant to ease him of the trouble And 3. If this inconvenience could not be avoided as well it may there would follow farre greater upon the taking away Tithes such as before we have observed With these exceptions against this revenue of Tithes they have delivered something worthy the acceptation of Ministers which is p. 5. 6. It is the desire say they of al Gods people so it ought to be that the Ministers of the Gospell should have a sufficient maintenance allowed them nay not onely a sufficient maintenance but an abundant a large and rich maintenance such a maintenance as they may live liberally without any other imployment but the Ministery Nor is it fit or becomming Christians that their Minister should live in a meane condition either of diet or cloathing but as he is more excellent in calling so ought he to have a more large better maintenance in those respects then others for he feeding the soules with spirituall things the word of God the people ought to feed his body liberally with their base temporall things and in the next page say they And is it not a shame for a rich and flourishing common-wealth to have a poore and bare Ministery either in the generall or in some particulars yet into such a condition have Impropriations brought the Ministery of this common-wealth in very many places They conclude with an addresse to the high court of Parliament for a reformation in this particular of Tithes p. 10. and herein we are content to meet them at the barre of that most wise pious and impartiall Judicatory of the Kingdome who as they have so we doubt not but they will ratifie the ancient Statutes and their owne late Ordinance concerning Tithes and whatsoever their title be in respect of religion the people may though ignorant zelots hold and covetous worldlings pretend they may not pay them with good conscience for the State may impose them for the maintenance of the Ministery as well as they may impose the 20â— part or any other part they please to maintaine a just warre or to pay the debts of the Kingdome and others may conscientiously submit to such impositions and hereto the most learned Divines of the reformed Churches doe agree though the most of them as they are mistaken in the true doctrine of the Sabbath so are they also in this question of Tithes for albeit they maintaine their Ministers while they live and provide for their widowes and fatherlesse children when they are dead yet they resolve it lawfull to pay the 10th to the popish priests though they officiate in an Idolatrous
Acts 4. 34 35. 1. Num. 4. 2. 3. Exod. 26. 15. * Praecepit eis â—â— unaquaeque generatio ministraret Deo per dies octo à Sabbatho usque ad Sabbathum Joseph Antiq. l. 7. cap. 15. p. 389. * Eos verò qui erant de germine Mosis eminentiùs honoravit fecit eos auteÌ„ custodes thesaurorum Dei atque vasorum quae reges Deo dicare contigerit Antiq. l. 7. c. 15. pag. 390. Iudices autem populi scribas eorum 6000. Antiq. l. 7. c. 15. p. 389. Note 1 Chron. 26. 14 1 Chron. 27. 5. 1 Chron. 11. 22 Gen. 49. 7. Erant niâ—ilominus ea tempestate sacrdotes nec dum adhuc à lege ordinati sed naturali sâ—pâ—entia hâ—s requirente perficienâ—e l. 11. in Iob p. 2. In Gen. 4. 3. Vâ— non Gentes ex Iudaeis sed Iudaei ex Gentibus sacerdotium acceperint Ep. ad Euagrium Tom. 3. p. 38. Tom. 4. 99. August de Consens Eu. Tom. 4. 100. a. 1. 2. 3. 1. Numb 6. 8. 2. 3. Conc. Laodicen c. 11. When there shall be a place which the Lord God shall chuse to cause his name to dwell there thither shall you bring all that I command you your burnt-offerings and your sacrifices your tithes and the offerings of your hands and all your speciall vows which you vow unto the Lord Deut. 12. 11. these things were not respited till then but appointed that then also they must bee performed for it is also said Exod. 12. 21. When yee shall come into the Land which the Lord shall give you then ye shall keep this service i. e. of the Passeover which was done Ios. 4. 6. but yet I take this to be discharge of it in the mean time Quaerc * Many affirm that he was at Rome Metaphrastes and some other that he was here in Britannia Petri igitur muneris erat ut qui jam complures orientis Provincias praedicando euangelium peragrasset jam quod reliquum esse videbatur lustraret orbem occidentalem usque ad Britannos quod tradunt Metaphrastes alii Christi sidem annuncians penetraret Baron Tom. 1. f. 5 97. l. 13. Metaph. die 29. Junii 3 Tim. 3. 2. Though the Levite be said 2 Chron. 25. 3. to teach all Israel yet it seemeth not that they expounded the Word of God unto the people or had it in charge so to doe but that they iÌ„nstructed them how to carry themselves in their sacrifices ceremonies therefore Jerome translateth this place Levitis quoque ad quorum eruditionem omnis Israel sanctificabatur Domino For which cause the Latines used the word decimare exdecimare to choose and cull out the principall things and our own English word Tithe importeth as much for it commeth of the Saxon Teoð i. e. the tenth which is a verball of Teo that signifieth to take out as if it should admonish us that the tithe or part given to God must bee a choice or principall part In sum de deci §. 1. V. Vocab Vtrius Jur. in verbo decima Raymundus 1. 2. 3. 4. 5. * Multis aliis atque aliis numerorum formis quaedam similitudinum in libris sanctis seponuntur quae propter imperitiam numeroruÌ„ legentibus clausa sunt De doâ—tri Christ. lib. 2. De Abraham Patriarch l. 2. Mat. 22. 21. Mat. 22. 21. Mar. 12. 17. Luke 10. 25. Joh. 13. 7. Decima omnia complectitur Bullinger in â— Heb. Lib. de 10. praecep sol 75 76. seq Quid si numero isto denario universitas reguÌ„ significata est De C. D. lib. 20. 23. Decima hora numerus iste legem significat quia in 10. praeceptis data est lex in cap. 1. Evang. Joh. Tract 7. To. 10. Serm. 15. de verb. Domini in Evang. Mal. Ser. 15. Tom. 10 Numb 18. 27. Tom. 10. fol. 15. 2 Chro. 31. 10. Lib. 4. Lib. 14. Pharsal 5. In Agamem Cic. in Verrem Satis amplum ex se ad librum conficiendum praebet argumentum Phil. de 10. praecep Quia omnia Dei sunt per quae vivit sive terra sive â—lumina sive semina vel omnia quae sub coelo â—unt aut super coelos De reâ—tiâ—ud Cath. convers Traâ—t Tom. 4. Antiq. Iud. l. 4. ca. 3. De rectitud Cath. Convers. Tom. 9. Sustulerunt dominum at non servum Gen. 14. 20. Heb. 7. V. 30. Nehem. 10. 37. Deut. 16. 16. The tenth of bullocks and sheep and all that goeth under the rod commanded Lev. 32. Herodot Clio. lib. 1. f. 36. Livy li. 5. Pliny l. 12. c. 24 Melpont l. 4. f. 267. Thalia l. 3. f. 1â—0 Note In Ranis Decimas nupeius extortas per papas Caal test ter primo impositas in Concil per Pelagium Papam Anno 588. Damas. pâ— patrim adiit An. 367. Hoc confirm Con. Hispalens Tom. 2. Et approbat pâ—r Gualter Hospinian de origin honorum ecclesiae ca. 3. p. 123. De nat Deo l. 2. Quis scribit in cordibus hominum naturalem â—egem nisi Deus Aug. desâ—rm Domini in monte l. 2. Instit. l. 1. c. 3. Calv. Iâ—st l. 1. c. 4. It seemeth this law of nature is tearmed by Moses the Law of God for he saith I declare the Ordinances of God and his Laws Exod. 18. 16. when as yet the Law was not given and before ca. 15. 26. If Israel will hearken to his Commandements and keep his Ordinances c. 19. 5. Exod. 16. 1â— In the Hebrew text it is indefinite which of them gave tiths to other therefore the Iews say Melchisedek gave it to Abraham but the holy Ghost in the 7. to the Hebrews explaineth it that Abraham gave them to Melchisedek Codomannus saith in the year 293. some other count it above 370. Melchised Dei sacerdos Solymorum quam civitatem postea Hierosolymam vocarunt Ios. Antiq. l. 1. c. 18. Hieron in Ep. ad Euagr. et in loc Heb. Lyra in Gen. 33. Joh. 3. 23. So that Melchisedek prefigurated the whole Priesthood of Christian Religion and Abraham the whole Laity therefore Chrysostome saith Considera quanta sit excellentia nostratis sacerdotii quandoquidem Abraham Patriartha Iudaeorum progenitor Levitarum comperitur benedictionem accipere à Melchisedec Orat 4. advers Iud. Sed ita Paulus ipse Superbia vitae Concupiscentia carnis Hypocrisis Avaâ—â—tia vel concupiscentia oculoruÌ„ Hugo Multo post futurum Domini sacramentum anâ—e signavit ac sacrificio panis vini mysterium corporis sanguinis expressit p. To. 4. 14. c. Ministravit iste Melchisedek Abrahamo exercitui xenia multam abundantiam rerum optimarum simul exhibuit super epulaâ— eum collaudare coepit benedicere Deum qui ei subdiderat inimicos Jos. Antiquit. l. 1. c. 18. No fisâ— as though the curse extended not to the sea Liv. â— â— Non ideo nobis proponi exempla justorum ut ab eis justificemur sed ut eos imitantes ab eorum justificatore nos quoque