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A61095 Tithes too hot to be touched certain treatises, wherein is shewen that tithes are due, by the law of nature, scripture, nations, therefore neither Jewish, Popish, or inconvenient / written by Sr. Henry Spelman ... ; with an alphabeticall table. Spelman, Henry, Sir, 1564?-1641.; Stephens, Jeremiah, 1591-1665. 1640 (1640) Wing S4931; ESTC R19648 146,054 238

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third and this was the first violence that ever Tithes suffered in the Christian world after they left the Land of Jewry and came to inhabite among Christians But by that foot of Charles Martell it appears that the Clergy in his time did hold and receive Tithes and doubtlesse by vertue of laws and canons made in former times witnesse the Councell of Mascon Anno 586. and not so late as about the year 800. which some doe pretend For that Councell of Mascon Can. 5. doth affirm and take them as due by authority and laws of ancient times and also by the Word of God and that they were paid by the whole multitude of Christians So the words of the Canon are expresly Leges divinae consulentes sacerdotibus ac ministris ecclesiarum pro haereditaria portione omni populo praeceperunt decimas fructuum suorum quas leges Christianorum congeries long is temporibus custodivit intemeratas Here is no small testimony as well of ancient practice in paying of them as of great opinion for their being due saith M. Selden ca. 5. § 5. and so Spelman ca. 18. infra So also the phrase used in the fourth Councell of Arles Vt Ecclesiae antiquitus constitutae nec decimis nec ulla possessione priventur and other Provincials of that time and Laws of Charlemain agree with it saith Mr Selden and those phrases must needs refer back to ancient times So Boniface an Englishman Bishop of Ments in an Epistle to Cuthbert Archbishop of Canterbury Spelman Concil p. 241. speaketh of some negligent and unworthy Ministers that did receive Tithes and profits but did not carefully perform their duties wherby it appears that Tithes were then paid though some unworthy men received them And though the originall right be due to God himself yet because hee hath assigned over his right to the Priests in the old Law and now to the Ministers of the Gospel therefore they are to be paid to the Priest or Minister for hee is the Steward of Gods house and in this point no man must respect what condition he is of for the debt is due to his Master not to himself so that whether he be good or bad what condition soever he be of hee standeth or falleth to his own Master as Spelman sheweth Cap. 14. CAP. VII That the service of the Levites was clear altered from the first institution yet they enjoyed their Tithes THere be two sorts of Leviticall service the first instituted by Moses about the Tabernacle Num. 1. The second by David about the Temple In the first the Levites were appointed over the Tabernacle and the instruments thereof to bear it to take it downe and set it up Num. 50.51 to serve Aaron and his sons and to do the service of the Tabernacle and keep the instruments thereof Numb 3.6 7 8. The Levites that belonged to this service in generall were 8580. men between the age of 30. and 50. years and the chiefest occasion of their service was upon the removing of the host for better ordering whereof it was divided amongst them into three parts The 1. to the Kohathites Numb 3. The 2. to the Gershomites The 3. to the Merarites First the Kohathites were 2750. men and their office was about the Sanctuary Numb 4.36 or Holiest of all Num. 4.4 under the government of Eleazar the Priest Numb 3.32 to bear the Ark of the testimony and all the instruments of the Sanctuary The covering vail which divided the Sanctuary and the Holiest of all the Table of shew-bread the dishes the incense the incense-cups the goblets and coverings to cover it with and the bread that shall be thereon continually Num. 4. v. 7. the Candlestick with the Lamps Snuffers Snuffe-dishes and the oyl Vessels thereunto belonging v. 9. the golden Altar for incense v. 11. and the instruments wherewith they minister in the Sanctuary v. 12. The Altar of burnt-offering with the instruments thereof which they occupy about it viz. the censers the flesh-hooks and the basons even all the instruments of the Altar v. 14. But these being the holiest things were to bee taken down and trussed up by the Priests some of them in blew silk some in scarlet some in purple cloth all in badgers skins and the barres and carriages to be put to them by the Priests as is prescribed Numb 4. and then the Cohathites came and bare them away but touch them they might not lest they die v. 15. nor see them when they were folded up v. 20. and Aaron was to appoint what part every man should bear v. 19. The Gershomites were 2630. men Num. 4.40 under the hand of Ithamar the Priest the other sonne of Aaron Their office was to bear the curtains of the Tabernacle and the Tabernacle of the congregation his covering and the covering of badgers skins that is on high upon it and the vail of the door of the Tabernacle of the Congregation v. 25. the curtain also of the Court which is neer the Tabernacle and neer the Altar round about with their cords and all the instruments for their service and all that is made for them v. 26. Aaron to appoint every man his charge v. 27. and watch v. 28. The Merarites were 3200. men v. 44. under Ithamar also Exod. 26.15 and they had in charge the boards of the Tabernacle with the barres thereof and his pillars and his sockets v. 31. And the pillars round about the Court with their sockets and their pins and their cords with all their instruments even for all their service to be reckoned by name or Inventory and the instruments of their office and charge v. 32. Exod. 4. and Exod. ca. 3. This was the office and charge of the Levites as they were simply Levites and not Priests also and for their service in this kind were they judged worthy of the Tithes of all Israel But when Solomon had builded the Temple and there setled the Ark the Altars and all the holy implements this businesse of theirs was meerly at an end for those holy things were now no more to be carried up and down David therefore foreseeing it transposed the Levites to new offices before they were Levites of the Tabernacle now he maketh some of them Levites of the Temple and other Provinciall Levites according to which is the speech that Josiah useth to the Levites Put the holy Ark in the house which Solomon the son of David King of Israel did build it shall be no more a burden upon your shoulders serve now the Lord your God and his people Israel 2 Chron. 35.3 § 1. Of the Levites of the Temple The Levites of the Temple were those that served about the Temple and were as I say instituted by David but inducted by Solomon Davids bloudy hands might not build the Temple of peace 1 Chron. 22.8 he prepared the treasure and stuffe for the building the men and the manner for the order of the service ib. v. 14. c.
Judges and Lawyers in that Common-wealth of Gods own constitution And whereas it is now granted on all hands that there was 3. Courts of Justice in that kingdome 1. the great Councel of 70. Elders 2. the Court of Judgement consisting of 23. 3. the Court of three or some few more the Priests and Levites were principall men both Judges and Officers in all Courts Scophtim Schoterim as 1 Chron. 23.4 both to give sentence and judgement and also to execute the same so the Divines doe affirm also in their late Annotations upon 1 Chron. 26.29 30. and 2 Chron. 19.8.11 They did study the Judiciall and Politique laws and had power to see the law of God and injunctions of the King to be observed and to order divine and humane affairs And they held also other honourable offices 1 Chron. 26.1 for we read that Zechariah a Levite was a wise Counsellor And Benaiah a Priest son of Jehoiada 1 Chron. 27.5 was one of Davids twelve Captains being the third Captain of the Host for the third month and in his course consisting of 2400. was his son Amizabad 1 Chron. 11.22 Benaiah was also one of Davids principal Worthies having the name among the three Mighties He was also Captain of the guard to David and after the death of Joab hee was made Lord Generall of the Host by King Solomon in Joabs room 1 Kings 2.35 And because some have doubted whether they were imployed in the administration of justice it is more clearly of late evinced then formerly hath been for besides Sigonius Bertram Casaubon Moulin and divers others the learned Hugo Grotius in his Annotations upon Matthew cap. 5.21 hath very accurately proved it out of the Text Josephus Philo and other monuments of the Jews whose testimonies at large I cannot now recite that there was no distinction nor division of the Courts of Justice the one Ecclesiasticall the other Civill but the Courts were united and the Priests and Levites the principall Judges and officers in every Court to whom the people were to be obedient upon pain of death Deut. 17.12 they being appointed to hear every cause between bloud and bloud between plea and plea and between stroke and stroke being matters of controversie within thy gates and as our Lawyers call them Pleas of the Crown and Common pleas or whatsoever else did arise among them The Provinciall Levites were especially appointed to the Courts of Justice and also the Templar Levites when they had performed their courses and went home to their own houses being but one week in half a year were at very good leisure to assist the people in every Tribe where their Cities were allotted to them in governing ruling and directing in all matters pertaining to God and the King 1 Chron. 26.30.32 for which purpose God did scatter them in every Tribe and turned the curse of Jacob into a singular blessing Gen. 49.7 to be divided in Jacob and scattered in Israel appointing 1700. to be on the west-side Jordan and 2700. on the East-side The ancient frame of our Common-wealth for 500. years before the Conquest was thus disposed and governed as this learned Authour sheweth fully in his Glossary and Councels and happy had it been if things had so continued still but now the law being otherwise setled and the Courts divided it is not safe or easie to make alteration Comes praesidebat foro Comitatus non solus sed adjunctus Episcopo hic ut jus divinum ille ut humanum diceret alterque alteri auxilio esset consilio praesertim Episcopus Comiti nam in hunc illi animadvertere saepe licuit errantem cohibere idem igitur utrique territorium jurisdictionis terminus Glossar Spelman The Bishop and Earl of the County were joynt Magistrates in every Shire and did assist each other in all causes and Courts and so Mr Selden in his History cap. 14. § 1. By this means there was great union and harmony between all Judges and Officers whereas there is now great contention for jurisdiction and intolerable clashing in all Courts by injunctions prohibitions consultations and crosse orders to the great vexation of the clients and subjects The division of Courts seems to have proceeded first from Pope Nicholas 1. as is mentioned in Gratian Can. cum ad verum 96. dist about 200. years before the Conquest which was imitated here by William the Conquerour whose statute is recited and illustrated by Spelman in his Glossary and Councels and lately also published by Lord Cook lib. 4. Institutes cap. 52. But the further proof hereof will require more then this place or occasion will bear onely thus much was necessary to be mentioned and asserted in regard of explication and reference to many passages in this book and also other parts of his works which perhaps are not obvious or well observed by every common Reader Vide Glossar Domini Spelman in diatribis de Comite de Gemottis de Hundredo c. Concilia passim CAP. VIII The great account made of Priests in the old Law and before PRiesthood is of 3. sorts 1. That before the Law 2. That of the Law 3. This of the Gospel The first belonged to the Gentiles the second to them of the Circumcision the third to us under grace The third came in lieu of the second and the second rise out of the first which was from the beginning and the work of nature Erant nihilominus ea tempestate sacrdotes nec dum adhuc à lege ordinati sed naturali sapientia hoc requirente perficiente l. 11. in Iob p. 2. for as Origen saith naturall wisdome required and established it Abel and Cain before the Priests office by the instinct of nature not by commandement when each of them sacrificed or made an oblation unto the Lord Gen. 4.4 their outward senses reported to them continually the great mercies that God had shewed unto them and their inward taught them presently that they must be thankfull and what course was fittest to expresse their thankfulnesse namely to honour him that gave all with somewhat of his own I say to honour him with it not to reward him therefore both of them as it is said in Gen. offered of their fruits Cain like a churle his fruits simply that is his ordinary and lean stuffe but Abel like a Prince his first-fruits that is his best fruits namely the fat c. Gen. 4.3 4. Thus was Priesthood instituted corrupted and reformed even in the beginning Cain for ought that here appeareth to the contrary began it and likewise corrupted it Abel continued and reformed it but some rather think and so saith Hugo that Adam taught it to his children and this to me seemeth more likely In Gen. 4.3 that the better function should be derived from the better man and not from the bloody mind of murdering Cain From this fountain it ran under ground I mean unspoken of till the time