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 and 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 Doctor 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 inexecuting 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 Ludovice 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 Concil 5. Anno 1078. Tom. 3. saith that Lay-men upon pain of sacriledge excommunication and damnation 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 WE 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 tie my 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 atque ordinis participem Denat Deo l. 2. 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 Quis scribit in cordibus hominum naturalem legem nisi Deus Aug. de serm Domini in monte l. 2. as Isidor faith not by any legall constitution teaching and instructing all Nations through the whole world to discern 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 grace to direct them above nature in the right ways thereof they first swarved on one hand
these times come farre short in their duties and may bee upbraided with these examples Which are here more largely insisted on to shew the impiety of many men in these last days who are more inexcusable then ever any people were because we have the rules and practice of all ages set before us for our direction as before the Law of Moses in Abraham and Jacob and likewise under the Law during the Priesthood of Aaron and since under the Gospel abundant light to guide us besides all the Records Histories and Monuments of Gods judgements in former times to instruct us All which saith the Apostle 1 Cor. 10. are written and recorded for our admonition upon whom the ends of the world are come If we therefore offend now we are greater sinners then any former people as sinning against conscience knowledge and examples of all ages and like to the servant that knew his Masters will but did it not who therefore must be beaten with many stripes CAP. XXVII That they are due by the Law of the Land AS they are due by the law of Nature and of Nations by the Law of God and of the Church so are they likewise due by the very Temporall Laws of the Land as well ancient as later therefore Edward the elder and Guthrun Saxon and Danish Kings punished the not payment of Tithes by their temporall Constitutions Lambard 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 54. Tom. 1. Concil Britan. pag. 392. King Athelstan about the year of our Lord 924. not onely decreed them to be paid by himself his Bishops Aldermen and Officers but maintaineth that his Law by the example of Jacob saying Decimas meas hostiam pacificam offeram tibi and by other effectuall Authorities providing precisely that his owne Tithes should diligently be paid and appointing a time certain for doing thereof viz. the feast of the decollation of S. John Baptist 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pa. 57. Tom. 1. Concil p. 402. King Edmund about the year 940. in a solemn Parliament as well of the Laity as Spiritualty ordained that every man upon pain of his christendome and being accursed should pay them truly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 73. Tom. 1. Concil pag. 420. King Edgar in a great Parliament about the yeare 959. confirmed the payment of Tithes assigning certain times when every thing should be paid viz. the Tithe of all young things before Whitsontide of the fruits of the earth by the harvest aequinoctiall i. about the 12. Septemb. and of seed by Martimas and this to be done under the pain mentioned in the Book of the Lawes of the Land whereby it appeareth that the Laws of the Land had anciently provided for the payment hereof though the Book remaineth not to us at this day as well as the Laws of the Church And he further enacted that the Sheriffe as well as the Bishop and Priest should compell every man to pay their Tithes and should set it forth and deliver it if they would not leaving to the party offending onely the 9th part and that the other eight parts should be divided four to the Lord and four to the Bishop and that no man should herein be spared were hee the Kings Officer or any Gentleman whatsoever 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 77. Tom. 1. Concil pa. 444. King Canutus about the yeare 1016. made the like Law with some little enlargement as appeareth in his Laws Tom. Con. pag. 44. ca. 8. and as Malmesbury testifieth strictly observed all the Laws of the ancient Kings de gestis Regum Angl. lib. 2. p. 55. And he wrote also about the 15. year of his reign from beyond the seas a long letter to all the Bishops and Nobility of England conjuring them by the faith that they ought both to himself and to God that they caused these Lawes touching Tithes and Rights of the Church to be duly executed and the Tithes to be paid as abovesaid Malmsb. p. 74. But King Edward the Confessor about the year 1042 made all certain namely that Tithe was due unto God and should be paid the tenth sheafe the tenth foal the tenth calf the tenth cheese where cheese was made or the tenth days milk where there was no cheese made the tenth lamb the tenth fleece the tenth part of butter the tenth pigge and that they that had but a calfe or two should pay for every of them a penny And to this price is the Parson generally holden at this day when ten of our pennies are scarcely worth one of that time He also ordained that Tithe should be paid of bees woods meadows waters mils parks warrens fishings coppises orchards and negotiations and out of all things saith the Law that the Lord giveth For the Sheriffe and Bishops were in those days the Kings Justices in every County and all matters were heard and decided before them Note the tenth is to be rendred unto him that giveth the nine parts with the tenth and bindeth the Sheriffe as well as the Bishop to see this executed And all these were granted saith the Book by the King Barons and Commonalty as appeareth in those his Laws cap. 8. and Hoveden Annal. part poster pag. 602. Long after the learned Author had written this he published the first Tome of our English Councels wherein not onely these Laws mentioned are recited but also many other Laws and Constitutions concerning Tithes by other Kings and Parliaments of that age It would have been an easie matter to have inserted them at large here being there set down in order of time successively but because I am unwilling to add any thing or alter in the text of his discourse and that the Tome of the Councels is obvious to every mans perusall I will onely adde some brief references to them as also to M. Selden in the eight chap. of his History who hath recited them all and some more then are here mentioned From both these learned Lawyers the studious Reader may be abundantly satisfied especially when the second Tome of the Synods shall be extant there will be full testimony of our own Laws to confirm this truth for 500. years after the Conquest as these are for 500. years before it When Gregory the great sent Augustine about the year 600. Chr. assisted with 40. Preachers to publish the Gospel to our forefathers in England it is testified by the Laws of Edward the Confessor among other things that he preached and commanded Tithes to be paid Haec beatus Augustinus praedicavit docuit haec concessa sunt à Rege Baronibus populo sed postea instinctu diaboli multi eam detinuerunt c. and all this was confirmed by the King and his Barons and the people Tom. 1. Concil Brit. pag. 619. § 8 9. Egbert Archbishop of York brother to Eadbert King of Northumberland published Canons about the yeare 750. which did binde all the Northern parts and Scotland in those days wherein he directeth all Ministers to
c Kings ought not to invade the peoples possessions much lesse Gods Sp. 167. See Appropriations Mr. Richard Knightley St. 22. Knowledge Tree of Knowledge Gods part Sp. 98 John Knox his letter to the Generall Assembly Sc. 5. S LAnd some portion thereof to be given to God Sp. 2 c. Origen's opinion of Clergy-mens enjoying Lands Sp. 21 Lawfull See Unlawfull Lawes Humane Lawes ever imperfect often wicked must yield to the Law of Nature and of God Sp. 172 173. They may give a man jus ad rem not jus in re Sp. 173. Law of Nations what Sp. 113. Laws of our English Kings for payment of Tithes Sp. 129 c. Law of Nature What Sp. 94. What we learn thence of Gods Nature and the duties we owe to him Sp. 95. The Law of Nature oft better observed by barbarous people then civil Sp. 124. See Leviticall Learning by whom first planted in England Sp. 177 Levites how small a part of the Jewish Nation St. 14. yet how largely maintained St. 9 c. Of the land assigned them to dwell upon Sp. 2 c. Their service about the Tabernacle Sp. 33. about the Temple Sp. 35. Their divisions and offices Sp. 35 36. Provinciall Levites received Tithes as well as the Templar Sp. 37. See Provinciall Their portion far less then the Priests Sp. 57. They stood not charged with the cure of soules as Ministers now Sp. 58 Leviticall Law how far abrogated Sp. 111 Many Morall Precepts intermingled with it ibid. The frame of Leviticall ceremonies compared to Nebuchadnezzar's image Sp. 144. Leviticall rites of two sorts Naturall Adoptive Sp. 145 The Lords day when first observed Sp. 49 M MAn how furnished for the glorifying of God Sp. Introd What duties he oweth to God for his beneficence ibid. What portion of his time Sp. 1 What of his Land Sp. 2 c. What of his goods Sp. 3 c. Charles Martell the first Christian that offered violence to Tithes Sp. 31 Melchisedech thought to have been Shem Sp. 108. His story mystically expounded Sp. 104 c. Merchants and tradesmen ought to pay Tithes out of their gains Sp. 81. 131 Middest of the garden Gods place Sp. 98 Ministers called Priests by Isaiah Sp. 143. They receive much lesse then the Priests of old St. 9 c. 14. though they deserve much more St. 12 Sp. 58 c. Whether and how they may hold temporalties Sp. 24 c. They ought to have a plentifull and certain maintenance Sp. 55 56. Sc. 3. R. 24 25. A sufficient quantity of land Sp. 4. and a convenient habitation Sp. 6. How they were maintained in the Primitive ages of the Church Sp. 16 c. Their charge and pains how great Sp. 58 59. Their portion is not to be accounted the price of their Doctrine but the reward of their travell Sp. 59. A set Ministery is necessary Ap. 15. To deprive them of their maintenance is sacriledge Ap. 15. wors then putting them to death Sc. 2. They ought to doe their work though defrauded of their hire R. 26. Whether their Livings should be equall R. 10 11. Tithes no necessary cause of distraction and trouble to them R. 14.24 See Clergy Priests and Tithes Monasteries See Statute and Appropriations Money The rate thereof how uncertain St. 18. Sp. 131.153 R. 5. N NAture See Law Ninth part over and above the Tenth paid to the Clergy St. 15. Sp. 30. 91 Numbers Great mysteries attributed to them both by Heathens and Christians Sp. 68 c. O OBlations of Primitive Christians how employed Sp. 14 c. Offerings due to God by the Law of Nature Sp. 96. P PAradise a modell of the Church Sp. 97 c. See God Parish Churches stiled Tituli Sp. 10 Parliamentary power in Theologicall matters what Sp. 156 157. See Clergy Passover and other Feasts seem to have been but rarely observed Sp. 47 St. Paul's travels Sp. â—â— Pentecost why celebrated by Christians Sp. 150 Peoples mind how variable Sp. 56 St. Peter's travels Sp. 53 Polygamy though at first forbidden yet long permitted Sp. 46 Poor how carefully relieved by Christ Sp. 11. his Apostles Sp. 13. and the Primitive Christians Sp. 14 c. What discretion is to be used in considering their necessities Sp. 22. Who of old were wont to distribute Church goods unto them Sp. 23. They are Christs Proctors Substitutes Publicans to gather up his rents Sp. 78. How dear they are to God Sp. 97 Prayer a duty that we learn from nature Sp. 95 96. Price of things See Rate Priests before the Law Sp. 10. 42. 100. 108. The originall of Priesthood Sp. 42. 100. Priests of what dignity in antient times Sp. 100. Of their maintenance before the law Sp. 101 c. Priests maintenance among the Jews far larger then among Christians St. 9 10. Their courses appointed by David Sp. 35. 38. Their part much greater then the Levites Sp. 57. Ministers of the Gospel called Priests Sp. 143. The charge and pains of Leviticall and Evangelicall Priests compared Sp. 57-60 See Ministers Provinciall Levites of what learning dignity and authority in the Jewish Common-wealth Sp. 38 c. Psalme lxxxiii expounded against sacrilegious persons Ap. 13 Q Questions of Diuinity where and by whom to be decided Sp. 156 R RAte of money and commodities how various R. 5. See Money Reformation never perfect at once but accomplished by degrees Sp. 30. 46 c. Witness that hereunder Henry viii and Edward vi Sp. 170 c. Restitution of Impropriations to the Church it an act not of bounty but duty Sp. 169 S SAbbath by whom and why changed Sp. 111. Difference between the Jewish Sabbath and ours Sp. 148. There was more ceremony in the Sabbath then in Tithes Sp. 148 Sacrifices almost wholly neglected in the wilderness Sp. 47. The ground and reason of Sacrifices Sp. 145. why they were burnt Sp. 146. Seeing they were taught by the instinct of Nature Sp. 42. 95 96. Why are they abolished by Christ Sp. 144-147 R. 23. Sacrificing in the high places unlawfull yet for a time accepted Sp. 46 Sacriledge for bidden St. 7. Christ discoverred his zeal more against this sinne then any St. 16. No sinne tendeth more to the overthrow of Religion Sc. 2. Humane Laws against it St. 25. Sp. 155. 161. Wo to them that are guilty of it Sp. 82. 134-139 168. How it cometh to abound so much in Scotland Sc. 1 2 Scotland grievously overrun with Sacriledge Sc. 1. Rollock sharply inveigheth against it Sc. 4. and so doth Knox Sc. 6 Lord Scudamere Viscount Slego St. 26 Sr. James Sempill's Book of Tithes St. 4 Servants in some places pay Tithe out of their wages Sp. 80 Seven a mysticall number Sp. 113. No Simony in Ministers to receive maintenance from the people Sp. 59. Abolishment of Tithes no prevention of Simony R. 13. Souldiers ought to pay Tithes of their spoils Sp. 81. Heathen Souldiers have oft done so Sp. 114-120 Sr. Henry Spelman's worth
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 Tim. 1.15 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 theÌ„ 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 Numb 11.26 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 are as 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 â—l ad confess â—n Prooem 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 Westminst 1. 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 Esay 49.23 fully confirmed by Law and Parliament If these things had not been primarily due unto God by the rule of his Word yet are they now his and separate from us by the voluntary gift and dedication of our ancient Kings and Predecessors 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 Spelmans first Treatise § 5. cap. 28. inf 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
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 Digot 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 p. 1. oweth r. onely Pag. 17. quinto r. quinque P. 18. Citits r. Citizens P. 20. Abraham r. Abel P. 67. Tactum r. totum P. 68. quaestorum r. quaesitorum P. 75. caeduus r. arduus P. 78. guests r. gists P. 82. N. F. r. ut ff P. 115. peret r. penet P. 117. Therumatus r. Therumabs 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 Siego 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 renning 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 Prov. 16.4 for himselfe Esay 43.7 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 Wisd 9.2 Ecclus. 17.2 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 Deut. 4.19 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 Ecclus. 17.2 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 oweth 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 be 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 greatest and heaviest service viz. Knights service in Capite But God knowing the heart of man and seeing that man was like those husbandmen in the Gospell which having the possession of the Vineyard forgot their Lord of whom they received it he thought not sit in wisdome to leave the rights and services due unto him in respect of this his seignory and donation unto the mutable construction of Law and Reason but hath expresly declared in his written word in what sort man shall enjoy and hold these his infinite benefits Therefore since our owne reason hath taught us that we owe no lesse unto our earthly benefactors then Homage Fealty some honorary and subsidiary rent for the Lands and tenements we receive of them much more effectually must the same reason teach us that we owe a farre larger proportion of all these unto God of whom besides our essence and creation we have received such innumerable blessings But as God is a Prince full of all royall munificence and bounty so is he likewise of all abundance riches therefore he neither needeth nor requireth anything of all that we possesse as a subsidiary rent wherewith to enrich his coffers or support his estate but as an honourary tribute towards the magnifying of his goodnesse and the expressing of our own thankfulnesse This to be short is the sum of all religion Therefore whilst David with admirable strains of divine meditations flieth through the contemplation of all the glorious works of God and of our duty to him in respect thereof he breaketh out in every passage of his Psalmes with variety of acclamations and invitations to stirre us up to glorify God not only inwardly by the spirit but outwardly also in and by and with all worldly things and meanes whatsoever And not knowing how or whereto containe himselfe in this his passion of most blessed zeale he runneth at last as he were wild with it and closeth up his Psalter with Psalme upon Psalme six or seven together one upon the neck of another onely to quicken and inforce our sluggish disposition to a worke of so great consequence and necessity It almost carrieth me from my purpose but to returne to my selfe let us see in what way we must glorify God with these externall things that we have thus received from
but the number of 10. is also respectively chosen * Multis aliis atque aliis numerorum formis quaedam similitudinum in libris sanctis seponuntur quae propter imperitiam numerorū legentibus clausa sunt De doctri Christ lib. 2. S. Augustine saith that many things are not yet understood in Scripture for that we cannot attain unto the knowledge of the vertue or power of numbers And both he and Saint Jerome through their whole works continually observe great secrets therein so doe the rest of the Fathers and not onely in the Old Testament and Ceremoniall Law but in the New Testament also Insomuch that I think there is not almost any number there mentioned out of which some particular observation is 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 Α 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 Be Abraham Patriarch l. 2. 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 Mat. 22.21 that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ι 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 Xs 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 cypher ο 1 signifieth the same that Alpha doth in Greek that is one The cypher ο 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 Α and Ω. As Α 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 ο 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 ο 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 Mat. 22.21 Mar. 12.17 Luke 10.25 Joh. 13.7 and unto God the things that are Gods All that we have belongeth unto him yet is he pleased to accept a part onely Decima omnia complectitur Bullinger in ◠Heb. 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 Lib. de 10. praecep fol. 75 76. seq Quid si numero isto denario universitas regū 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. Mat. Ser. 15. Tom. 10. 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 undonarius 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 Canaan 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 tithe 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 seisin 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 Numb 18.27 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 Tom. 10. fol. 15. 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 2 Chro. 31.10 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 Lib. 4. 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 Lib. 14. Pharsal 5. In Agamem 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 decumanū acipenserem Cic. in Verrem 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 Satis amplum ex se
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 Instit l. 1. C. 3. 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 Calv. Iast l. 1. c. 4. 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 it As soon as Christ was born the wise men that came afar off out of the East brought offerings unto him as directed onely by the law of nature for they were Gentiles and none used to visit the Temple of God but with some presents not that God is delighted with such things but that their affections by the fruits of their devotion were made manifest 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 the Church and service of God maintained and those that were in need and necessity orphanes widows strangers and the poor people provided for and relieved for these are Gods care and are to him as the dearest kinde of his children and though younger brothers as touching the worldly inheritance yet those on whom he thinketh the fat Calf well bestowed Donum saith Lactantius est integritas animi the gifts we give unto God are a testimony of our frank and open heart towards him An offering of a free heart saith David will I give unto thee out of his abundance we have received all things and out of ours let us render some CAP. XXIII Tithes in the time of Nature first considered in the time of Paradise I Would not be so curious as to seek the institution of tithes in Paradise yet no man will deny but that Paradise was a modell of the Church and that God had his honourary rights in all the three kindes he now requireth them at our hands namely a portion of time place and of the fruits of the fruits as the tree of knowledge of the place as the midst of the Garden the time as the cool of the day which signifieth the time of rest and so the Lords day as more particularly wee shall shew by and by Touching the fruit it was the portion that God reserved from Adam when he gave him all the rest and that portion also that justly and properly belongeth to God knowledge And therefore this part particularly was assigned by God unto his Priests as the sacred keepers of this his sacred Treasure and therefore no other man might invade this his right and inheritance Knowledge saith Malachi belongeth to the Priest Touching place what should be assigned to the chiefest but the chiefest and what is the best and chiefest but the midst for medium and therefore the place here where Gods portion is assigned him is the midst of the Garden and therefore into this place doth Adam flye as into Sanctuary and to the horns of the Altar when he had offended for it is said that Adam hid himself in the midst of the Garden So Calvin which is the trees in the midst of the Garden And touching the time it is by all expositors upon the matter applied to the time of rest for either they expound the cool of the day to be the evening as Oncalus or the morning as Calvin and take it in either of these senses it may aptly discover the Judaicall Sabbath in the first sense or the Christians Sabbath in the latter And as these are the times when we are to make our publick reckonings confessions and prayers unto God and thereupon to receive sentence of curse or absolution so at this time presently God calleth Adam and Eve and the Serpent that is the whole congregation of Paradise to a publique reckoning confession and account and like the great Ordinary and Bishop of his Church denounceth against them the curse that their sins had demerited If occasion required I could shew many other particulars wherein Paradise exemplified the very Church of Christ Again these rights of honour are likewise prefigured unto us in other examples under the age of Nature the time I mean before the floud for we have therein three great examples of all these his three rights First in the creation of the earth he reserved a particular place for himself as the place of his own resort and pleasure Paradise which was the very locall place of his Church and therefore out thereof he threw man being accursed as a prophane and excommunicate person And as touching his portion of time he figuratively shewed the seventh part of our age to belong unto him as in respect of his Sabbath when he took Enoch being the seventh from Adam
be slack to be pay it Eccles also 5.3 4. 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 Orat. de basilie tradend p. 2.38 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 tithing is after that of Abrahams Heb. 7.2 who gave tithe of all And this is a thing well to be confidered 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 And to encourage them in the service of God 2 Chron. 31.4 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 sin 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
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 foreseeing 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 Discipline in genere according to the Primitive Church not in specie as they use it 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 religioÌ„ amongst the Israelites So we doubt not but his M ty 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 Delegibus 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 â—at in M. Anton. per servos per vim per latrociniâ—m 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 they 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 Vi. Na. Br. 14. s 369. Jus perfectum cum possideatur in promiss imperfectum dum non possideatur premiss 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 Doct. Stud. li. 1. c. 2. s 4. a. and Customes against the law of Nature or of God be void and against Justice § 9 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 their spirituall vocation Rom. 13.1 2 Pet. 2.13 for I see that the Apostles themselves were therein subject to the Heathen Princes and gave commandement to all Christians in generall Oportet nos ex 〈◊〉 parte quae ad hanc vitam â—ertinet subdiâ—os esse potestatibus i. homininibus res humanas cum aliquo honore administrantibus in li. ex pos
that Nicholas 2. doubted not to commit the government of all the Churches of England unto 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 aliàs 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 is 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 cōmanded 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 resteth 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 considently 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 summi 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