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
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
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
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
not made But to come to this we are in hand with Let us see why this was allotted to God above others and what part in reason is due unto him Reason tels us certainly the best and the choicest therefore he refused the unclean beasts the lame and the blemished things for as he is best worthy so he requireth the best of every thing the bloud of the sacrifice because it was the life the fat because it was the perfection of it to be short the number it self allotted to him the tenths I mean if the mysteries thereof be opened tels us both why it was yeelded and why above other he should require it It is said to signifie the first and the last the beginning and the end it is finis simplicium numerorum initium compositorum the end of simple numbers and the beginning of compound the first articular number the last number of single denomination The number wherewith the progresse of numeration running as it were circularly always endeth and beginneth again Repraesentat saith Bartholomeus merito ipsum Christum qui est A Ω principium finis that is it worthily representeth Christ who is Alpha and Omega the beginning and the end In these and such other respects it is also said to be like a circle the greatest and the perfectest body in Geometry having neither beginning nor ending as other Attributes of God Hermes justly named Trismegist labouring to describe God by the most significative resemblance that mans wit could attain unto said God is like an imaginary circle or sphere whose center is every where and whose circumference no where meaning infinite and beyond extent And as the circle a sphere of all forms and bodies is most spacious and of greatest capacity comprehending all other and it selfe comprehended of none so the number of 10. comprehendeth all numbers and is it selfe comprehended in none of them neither is there any number beyond it but that riseth out of it Decas saith Saint Ambrose numerum omnem complectitur It is the foot and base whereon all of them are founded and it containeth not only all dimensions but to be short all the reasons of Arithmetick Geometry and Musick Therefore Philo Judaeus saith they that first gave names unto things for they were wise seem to me to have named decadem that is the number of 10. quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. capacem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 à capiendo quod capiat amplectatur omnia genera numerorum rationum ex numeris collectarum proportionum harmoniarum rursus concentuum proprie appellasse i. e. of taking or comprehending for that it taketh or comprehendeth all kindes of numbers of reasons gathered out of numbers of proportions harmonies and concordances In this manner the number of 10. representeth unto us as such things may the nature of God the perfectest the greatest comprehending all and comprehended of none the beginning and the end yet infinite and without beginning or end So that this number 10. this tribute money in question hath in the respects before alledged the apparent image of God and therefore let us see whether it hath his inscription or not for sure if it hath his image or inscription it is due unto him by his own words his own argument The Hebrews from them the Graecians expresse it by the letters that begin his greatest and essentiall name Jehovah that is ◠◠jod iota The Romanes and wee of the Western parts of the world one while by the letter X another while by the figures 10. All know that the letter X signifieth ten and the learned also know that it likewise signifieth the name of Christ for commonly in ancient times and to this day in many books it is so written X ' or X◠Xi Xo Xm for Christus Christi Christo Christum and in like manner for decimus decimi decimo decimum in the time of the Law it was marked with the letters of the Fathers name in the time of grace with the Sons name Yet the truth is that the letter X thus used for the name of Christ is no Latine letter but borrowed from the Greek where it signifieth Ch because it represents not onely the name but the Crosse of Christ in which the Latin letter X as the number and character of ten hath also much hieroglyphicall signifition To come to the Arithmeticall figures that expresse it which are the figure of 1 and the cyphero 1 signifieth the same that Alpha doth in Greek that is one The cypher o presenteth to us Omega for Omega is no more but great O and in ancient time was noted onely by circle or cypher and in effect still is so that 10. in figures expresseth A and Ω. As A is the first letter in the Greek Alphabet and Ω the last so in the Alphabet of Arithmetique the figure of 1 is the first and the cypher o is the last therefore in like respect the figures of this number of 10. signifieth the first and the last the beginning and the end But as the cypher o in this respect signifieth the end so we must mark that it is a circle and hath no end Being therefore joyned to the figure of 1 which signifieth the beginning it sheweth unto us that the beginning is without end the end it self without beginning or end both infinite without any limit The first character in the figure of 10 viz. 1. begetteth al numbers for it is semen numerorū is begotten of none so that it is unus omnis one and all and so do the very figures signifie in notis antiquorum according to Valerius Probus P. Diaconus Therefore to conclude it hath both the image of God in signification of his nature and the inscription of his name in the frame of the characters and figures In all languages and with all Nations after one manner or other as though nature her self had taught them that this part belongeth to God which by no wit or any learning can be applied to or found in any number between 2 and millions of thousands Reddite ergo quae sunt Caesaris Caesari quae sunt Dei Deo Give unto Caesar the things which are Caesars and unto God the things that are Gods All that we have belongeth unto him yet is he pleased to accept a part onely but we must note further that it is such a part as implieth the whole because the whole is his He loves not to have a piece of us simply it must be such a piece as comprehendeth all in effect therefore when he said Give me thy heart it was as much as give me all for he will have all or none Therefore in his sacrifice hee specially required the head and the tail the head as principium the tail as finem the beginning and the end of all our actions for so the whole is his And in the same sense the
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
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
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
Edward the Confessor as by and by we shall more largely declare And the Kings of France being so likewise consecrated ever since the time of Clodoveus alià s Ludovicus whom Saint Remigius Bishop of Rheimes both baptized and anointed about the year of our Lord 500. have from time to time in all ancient ages exercised the like Ecclesiasticall jurisdiction insomuch that Clodoveus himself being but newly entred into iâ— doubted not to appoint a Councell at Orleans and to call thither the Bishops and Clergy of France but out of the motion of Priestly minde to use the very words of the Councell coÌ„manded the Priests meaning the Bishops to assemble there for debating necessary matters which in his own consideration he had advised upon and delivered to them in heads and titles and they having answered thereunto and framed the Canons of that Councell accordingly did submit them to his judgement and desiring if it approved them himself for greater authority would confirm them Tom. 2. Concil pag. 309 in rescripto Synodi The Kings of Jerusalem and Sicil were also anointed and endowed with Ecclesiasticall authority whereof we shall speak more anon for the right of both these Kingdomes resideth at this present upon the Kings of Spain who till the same came unto them were neither anointed nor crowned and though since that time they have been dignified with both these Prerogatives yet are they not so illustrious in them as in the Kings of England and France for that these are ancient Kingdomes raised by their own power and prowesse and those other of lesse continuance erected by the Pope and not absolute but Feodaries of his Sea And touching that of France also the meer right thereof resteâ—h upon his Majesty of England though de facto another for the time possesseth it So that in this point of unction our Soveraign the King of England is amongst the rest of the Kings of Christendome at this day Peerlesse and transcendent and well therefore might William Rufus say that himself had all the liberties in his Kingdome which the Emperour challenged in his Empire Mat. Paris But I wonder why the Papists should so confidently deny the Kings of England to be capable of spirituall jurisdiction when Pope Nicholas 2. of whom wee spake before in an Epistle to King Edward the Confessor hath upon the matter agreed that it may be so for amongst other priviledges that he there bestoweth upon the Church of Saint Peter of Westminster then newly founded by that vertuous King He granteth and absolutely confirmeth that it shall for ever be a place of Regall Constitution and Consecration and a perpetuall habitation of Monkes that shall be subject to no living creature but the King himself free from Episcopall service and authority and where no Bishop shall enter to give any orders c. Tom. Concil part 3. pa. 1129. a. In which words I note first that the Kings of England in those ancient days being before their Coronation meerly Lay persons were by their consecration made candidati Ecclesiasticae potestatis and admitted to the administration thereof for to what other purpose was Consecration ordained but to make secular things to belong unto the Temple and Lay persons to become sacred and Ecclesiasticall like Jacobs stone in the time of the Morall Law which presently upon the anointing thereof became appropriate to the House of God Secondly he plainly maketh the King head of this Monastery that is of the place it self and of all the persons and members therof which then by consequence he might likewise be of all other Ecclesiasticall persons and places through the whole Kingdome And even that also he granteth in a sort in the end of his Epistle Vobis posteris vestris regibus committimus advocationem tuitionem ejusdem loci omnium totius Angliae Ecclesiarum ut vice nostra cum concilio Episcoporum Abbatum constituatis ubique quae justa sunt So that if the Kings of England be pleased to execute this Ecclesiasticall authority as the Popes Vicar then by this his Charter they are invested therewith and peradventure the Clergy of Rome can never revoke it being granted posteris regibus and the Epistles of the Popes being as Barclayus saith of Nich. 1. to Michael the Emperour as an Ecclesiasticall Law Lib. de potest Papae ca. 2. pag. 13. But in the mean time it is hereby evident which I endeavour to prove that the Kings of England are justly capable of spirituall jurisdiction by the Popes own confession for which purpose onely I here alledge it And to give more life to the matter it appeareth by Baronius that Pope Vrbane the granted not onely as much in the Kingdome of Sicil to the King of Spain being the anointed King thereof but added also to that his Ecclesiasticall jurisdiction divers branches of spirituall power belonging meerly to the keys and not to the sword that is to the very function of a Bishop as namely that of Excommunication All which though Baronius impugneth mainly to be of no validity because that all things are void he saith that the Church doth against her self yet the King of Spain both holdeth and exerciseth this function and jurisdiction onely by the connivency of the Pope but defended therein by Cardinall Ascanius Colonna against Baronius But to leave forain examples and to goe on with our domesticall precedents It is manifest by other ancient Authorities Charters and Manuscripts that the Pope thereby granted no more to King Edward and his successors then the same King and his Predecessors before assumed to themselves For this Epistle could not be written to S. Edward before the end of his reign Nicholas not being Pope till then and in the Laws of the same King before that time published himself doth plainly declare himself to be Vicarius suâ—d â—i Regis not summi pontificis yea and that in the government of the Church For the words of his own Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 17. be these The King because he is the Vicar of the highest King is appointed to this purpose that he should rule his earthly Kingdome and the Lords people and should above all things worship his holy Church and govern it and defend it against them that would wrong it and to pull the evill doers out of it c. So that write the Pope what he will S. Edward here taketh upon him to have the rule and government of the Church of England committed to him from God and not from the Pope and to be Gods Vicar not the Popes wherein he imitated his predecessors for King Edgar speaking of the government of the Church saith in plain tearms that it belonged to himself ad nos saith he spectat And because Casaubon in citing this place out of the Manuscript is charged by Parsons to falsifie it and that it is or should be on the contrary ad vos spectat scil Ecclesiasticos give me leave to defend that worthy man
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