with the obiections against this place let vs gather hence such obseruations as may confirme our purpose First it is euident hence that Iacob did not account tithes any part of the iudicials because no part of the iudicials were to be offered in a vow to the Lord but eyther things morall were vowed or ceremoniall as they lead men to morall obedience The reason is vowes were a part of Gods seruice and iudicials belonged not to the seruice of God but were of things common and for the ciuill gouernment of men Secondly it must be considered that the thing wherein Iacobs vow standeth principally is in these words this stone which I haue set vp as a pillar shall be Gods house Some interpretours take this to be the place where Abraham offered Isaac Lyra saith that all interpretours take it generally for that place where Ierusalem stood afterward Iacob saying it should be the house of God signifieth it should be as a temple where God should be worshipped now vnto the house of God he ioyneth tithes Thirdly if therefore the question be mooued in what sort these tithes were payed which are heere vowed whether as things giuen immediately to God as were sacrifices or vowed to God that is to the priest of the most high God I would gladly learne of other in such questions but in the meane time vntill I can learne a better answere I thinke it best to vnderstand the manner of Iacobs paying tithes by the practise of his grandfather Abraham who payed them to the priest of the most high God And therefore Iacob after that example vowing to pay tithes may best be vnderstood to pay them to the priest Thus far hauing spoken of the time before the law so far foorth as scipture speaketh of tithes before we come to the time vnder the law let vs consider how heathen men hauing not the knowledge of the law of God but onely directed by a glimps of the light of nature did iudge that tithes were to be payed to such gods as they worshipped wherein howsoeuer they were corrupt yet in that corruption may be seene some sparks of the light of nature before the law I will not bring all but onely of many testimonies will shew a fevv wherby a man may iudge of the rest and vnderstand how this question hath beene conceiued euen among the heathen Cyrus king of Persia when he had ouercome the Lydians offered the tithes of all to Iupiter Among the Romans the custome was ancient of offering tithes to their gods Camillus vowed tithes to the goddesse called Mater Matuta in case hee should ouercome the Ueians After the victory in low of the tenth a cup of Gold was sent to Delphi weighing eight talents as Plutarch witnesseth in the same place It is reported of Lucullus that hee grevv rich because he obserued the vse of paying tithes to Hercules For that this was an ancient custome among the Romanes Macrobius proueth out of Varro who writeth that it was the common custome among the anucients vouere decimam Herculi Diodorus Siculus opening the reason of that custome saith that when Hercules was friendly entertained by Potitius Pinarius he promised a happie life to such as should offer him the tithes of all their goods which practise he saith remained in Rome till his time multi enim Romanorum non solū medio cui sensu sed qui ditissimi suat habiti decimas Herculi vouerunt posteaque fortunatio res facti bona sua ad quatuor talentorum millia Herculi sacrarunt In which place hee reporteth the same of Lucullus which after him Plutarch obserued Xenophon witnesseth that others vsed to pay tithes to Apollo Neither was this thing obserued onely among the ciuill nations but euen so far as the sence of manhoode reached it was spread also among the barbarous people Plinie writing of the Sabaeans and Aethiopians saith that in the spices which those countries yeeld abundantly the marchants may not meddle with any before the Priests haue laid out the tenth to their gods And which one generall testimony may stand in place of many particulars Festus saith Decima quaeque veteres dijs suis offerebant Which vse being so generall among all nations doth shew that euen from Noah it was dispersed among all people though much corrupt in them yet bearing in it selfe euident signes that it came from the incorrupt light of nature before the law giuen For what other reason can be giuen why such an apparant resemblance of Gods truth should bee kept and dispersed so far among all nations And heereupon I take it Franciscus Iunius departing from the iudgement of other learned men whom otherwise he reuerenceth vvas moued to say thus much decimae iure omni post hominum memoriam deo fuerunt sacrae What is that iure omni but aswell vvritten in the consciences of naturall men fortified by priuiledges of princes as expressely declared in the word of God Thus hauing declared so far as wee can learne how tithes stood before the law let vs consider the same in the time of the law CHAP. III. How tithes stood vnder the Law Where it is prooued that then this constitution of Tithes was neither ceremoniall nor iudiciall but morall THis being first out of controuersie that during all that time between the law first giuen and last abrogated tithes were to be payed to the Leuits by the commandement of God the first question may bee whether tithes had their first institution and beginning in the law Wee aunswere shortly tithes were not first instituted in the lavv but long before euen from the beginning What then was instituted in the lavv all that vvhich concerning tithes was instituted in the law was that tithes should bee assigned to the Leuites so long as they serued the Tabernacle this will appeare if wee consider the first and most principall places wherin tithes are mentioned in the law The first is Leuit. 27. the words are these All tithes of the land both of the seede of the ground and of the fruit of the trees is the Lords it is holy vnto the Lord. Euery tithe of bullocke and sheepe c. This is the first place that speaketh of tithes in which words there is neither institution nor assignation but a simple declaration of the Lords right And heereunto the next place Behold I haue giuen the children of Leuy all the tenth of Israell for an inheritance for their seruice which they serue in the Tabernacle of the Congregation These two places are first in order and principall vnto which wee must refer all that which in the law is spoken of tithes the first testimonie declareth the Lords right the second sheweth that out of his owne right the Lord assigneth them to Leuy I haue giuen them to the children of Leuy It containeth the end and condition of the assignation for the Lord assigneth tithes to Leuy onely for the time of their
he praeceptum de soluendis decimis qua parte diuinum naturale est non posse vlla lege humana vel consuetudine contraria aboleri ac proinde certum est Ecclesiam habere ius petendi decimas etiam vbi consuetudo est vt non soluantur in hoc enim omnes theologi Canonistae conueniunt If this bee so certaine then it is also certaine that if it were not for the Popes dispensations to the contrary all Papists would assent to our conclusion By this graunt of Bellarmins wee haue gotten somewhat that all the schole-men and canonists that is in a manner all papists hould that the precept of tithes is diuine and of the law of nature in some sort and that therfore the Church hath right to claime tithes which words would bee well noted for if therefore the Church hath right to demaund tithes because in some sort tithes belong to the morall and naturall law then are tithes neither iudiciall nor ceremoniall in any sort For that which the Church may alwaies demaund is naturall and diuine But the Church saith Bellarmine may alwaies demaund tithes that is the tenth part though custome bee against it Therefore the tenth part is due by the law of God and of nature Now the Church hath not alwayes right to demaund things ceremoniall or iudiciall By this which Bellarmine graunteth we haue enough for he proueth that the quota pars is naturall and diuine And whether Bellarmine graunt thus much or not the force of the truth will compell euery man to confesse that the thing which must of right alwayes be demaunded in the Church is naturall and diuine Now certaine it is that the Church hath no right to demaund any other kinde of maintenance then tithes Abulensis who seemeth to bee much more curious then Bellarmine moueth this question quo nam iure debetur decima after much disputation his resolute aunswere is debetur iure canonico quia non debitur iure naturae nec diuino nec ciuili quum illud non imponat onera pro ministris dei neque est enim aliqua lex ciuilis quae obliget omnes Christianos quum non sit aliquis vnus princeps secularis omnium sicut est vnus princeps ecclesiasticus In which wordes wee obserue the absurdities whereinto great wits must needes fall when once they resolue to haue the truth as Saint Iames saith in respect of persons for by this it appeareth what they would hold if the Popes authoritie to the contrary did not set a byas vpon their wits and words First he saith tithes are due onely iure Canonica but what then must bee said of those times beefore this ius Canonicum was inuented Tithes were proued by the auncient Fathers to bee due when there was no Canon law in the world and were more sincerely held by the Church before then after the Canon law came in held by the Fathers from the law of God and no other Secondly he graunteth that tithes are not due iure ciuili and giueth reasons why they cannot stand by that law which are well to be marked because saith he tithes are the ministers right through all Christendome Now neither doe the ciuill magistrate impose those rights neither is there any one ciuil Prince that ruleth ouer al christendome therefore they are not neither may be imposed by the ciuill lawes If this reason be good then is it certaine that tithes haue nothing to doe with iudicials for nothing is iudiciall but that which may bee imposed by the ciuill lawes this is an euident truth which none denieth that knoweth what are iudicials whereby it is no lesse euident that Abulensis doth vtterly ouerthrow all that deuise at once which the schole-men so busily build vp Thirdly wee reason from his enumeration of lawes thus Tithes are due by some law either by the lawe of God or by the ciuill lawes and Princes constitutions or by the Canon law But Abulensis and the rest of that side graunt that they are not due by the ciuill law and Princes constitutions and wee proue that they are not due by the Canon law because they were more duely more orderly and sincerely payed and held before the Canon law was inuented then euer they were since therefore it must follow that they are due by the law of God As this standeth against the Papists so it standeth no lesse strong against such as hold tithes Princes constitutions because it is proued that tithes were held as orderly and duely in the Church before they were confirmed by Princes constitutions as afterward Princes indeed may confirme or forbid the vse but they cannot make or take away the right Wherefore seeing all that standeth against vs is declared to be of no force and that we haue proued that the maintenance in the Apostles times was nothing but almes that tithes were established in the Church as the auncient ordinance of God that this ordinance is not iudiciall beecause it is holy and of things separate from common vse nor ceremoniall because it was not ordained to remaine onely vntill the time of reformation but remaineth after that time seeing these things stand thus we may safely conclude that tithes are now due to the ministers of the Church by the expresse word of God as they haue beene alwaies accounted in the best ages of the Church FINIS Numb 13. 33. 2. King 22. 20. Spelunca latronum Ios. 10. 23. 1. Kings 14. Exod. 1. 9. 10. 1. Sam. 5. 1. Sam 24. 5. 2. Sam. 10. 4. Psal. 50. Psal. 50. 1. Lib. 2. doct fid art 3. cap. 64. 2 Tom. 1. contr 5 lib. 1. cap. 25. 3. The first opinion refuted 1. Cor. â— Luke 10. 7. 1. Tim. 5. 8. The second opinion refuted Gen. 4. 3. 4 5 Gen. 14. 18. Verse 7. Verse 8. Iohn caluin Gen. 28. 20. 21. 22. To. 1. Con. 5. lib. 1. ca. 25. Herodot Clio. Plutarc Camil. Plut. Lucullo Lib. Saturn 3. cap 42. Biblith lib. 8. cap. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 3. Hist. nat lib 12. cap. 14. 19. Leuit. 27. 30. Num. 18. 21. Whether tithes be ceremoniall 1. 2. q. 81. art â— ad 1. Lib. 2. de Indulg cap. â—â— Gal. 5. 3. Heb. 9. 24. Tithes not iudicials 3. part q. 51. 3. 2. 2. q. 87. Art 3. Hom. 11. In num August in Psal. 146. Apol. cap. 39. Hist. Oct. lib. 1. cap. 17. Defens Pâ—â—â— par 2. c. 25. Cuns 12. q. 〈◊〉 〈◊〉 Matriabus ecclesijs In dictione singularum parochiarum spiscoporum Lib de scriptor eccles Orig. Hom 11. in Num. Ibid. Cyprian ep 66. In honore sportulantium fratrum Inter decreta Dionisij caus 13. q. 1. Caus. 3. q. Caus. 16. q. plures Ibid. Eccle. Ibid. qnicuâ— Ibid. statuiâ— Ibid. q. 7. Caus. 16. q. 1. Defens pac part 2 Cap. 14. Or as the glosse seemeth to read the dotation Caus. 16. q. 7. Ibid. Concil Tolet. 4. can 32. Hom 18 iâ— Act. Hom. 44. in Mat. Ad Nepotia de vitacler In Malach. 3. 8. 1. Tim. 5. In serm Quadrages Lib. 50. Homoliarum homel 48. Caus. 16. q. 2. Concil Matif 2. can 6. Caus. 16. q. 1. Hom. 16. in Euang Hom 9 De rebus ecclesijs cap. 87. Caus. 16. q. 10. 1. Chron 30. Catus test veril tom 2. lib. 15. Abulens in Mat. cap. 23. qu. 136. 2. Tim. 2. 4. Apud francis Astesanum iteÌ„ HostienseÌ„ De clericâ— lib. 1. ca. 25. To. 1 con 5. lib. 1. c. 25. In Mat. 23 q. 148.
plentifull blessing vpon the rest hee witnesseth also the same vse of paying tithes in his time by reproouing the abuses of Bishops and ministers when they seemed more carefull to receiue tithes then to procure the good of the people of which sort many were in his time and many moe are in our dayes Si populus decimas non obtulerit murmurant omnes at si peccantem populum viderint nemo murmurat contra cos Hierom speaking in the person of a minister of the gospell saith thus If I then being a part of the Lords inheritance take not my part among my brethren but as a Leuite and Priest liue of tithes hauing meat and raiment heerewithall I am contented Againe he saith quod de decimis diximus quae olim dabantur à populo sacerdotibus Leuitis in Ecclesiae quoque populis intelligito In which place he saith farther Ecclesiae populis praeceptum est dare decimas for proofe he alleadgeth S. Paul the elders that gouerne well are worthy of double honor especially they who labour most in the word and doctrine expounding honour maintenance and vnderstanding that maintenance tithes Out of which testimonies of Hierom who is by Erasmus iudged the most learned of the Latine Fathers it may be obserued First that the precept of tithes is taken to bee part of the morall law and ought to be in no lesse force among Christians then among Iewes such strangers were the learned Fathers in these late deuises which now are found out that tithes should be ceremoniall or iudiciall for albeit these tearmes decimae debentur iure diuino were not in vse in those auncient times yet the Fathers expresly deliuered that which is aeqiualent that Christians are bound to the law of tithes aswell as Iewes were that the precept for paying tithes is now to bee vnderstood in the Church secundum literam Secondly we obserue that the reasons vsed in the new Testament by the Apostles doe truely in the Fathers iudgements conclude for tithes and not for the pretended competency which thing was vtterly vnknowne to the Fathers Ambrose faith Quicunque recognouerit in se quod sideliter non dederit decimas modo emendet quod minus fecit quid est fideliter dare nisi vt nec peius nec minus aliquando afferat de grano aut de vino aut de fructibus arborum aut de pecudibus aut de horto c. In Augustins time it seemeth the people at least in Africa were very negligent in paying tithes and therefore hee exhorteth them very earnestly to that duetie Maiores nostri ideo copys omnibus abundabant quia Deo decimas dabant Caensari censum reddebant modo autem quia discessit deuotio Dei accessit indictio fisci noluimus partiri cum Deo decimas modo autem totum tolletur In which place he witnesseth two things First that it was the custome of the Church long before his time to pay tithes Secondly that this thing pleased God so much that hee blessed them who vsed it so that therefore they had abundance and that men now in his time wanted because they were not faithfull in this seruice of God and therefore preaching vpon the 146. Psal. vpon these words he maketh the grasse to grow vpon the mountaines he compareth the husband man to the mountaine that receiueth raine and bringeth forth grasse hee compareth preaching to the raine and tithes to grasse ecce mons es accipe pluuiaÌ„ da faenuÌ„ and therefore a little after he saith exime partem aliquam reddituum tuorum decimas vis decimas exime quanquam parum sit dictum est enim quia Pharisaei decimas dabant quid ait Dominus nisi abundauerit iusticia vestra plusquaÌ„ Scribarum Pharisaeorum non intrabitis in regnum coelorum ille super quem debet abundare iusticia tua decimas dat tu autem vix centessimam das Where S. Augustin expoundeth the words of the Gospell as Origen and other Fathers did as no lesse belonging yea much more to Christians then to Iewes Hee speaketh not doubting as some vnderstand his words but because the people of his country were so far from performing this duetie if there bee any doubt in his words it is onely in this whether the tenth part were not too little for so doth his words imply decimas vis decimas exime quanquam paris sit And he whom thou must exceede in righteousnesse payeth tithes whereby he implyeth that thou must pay more for hee doth not leaue it at the peoples libertie to pay tithes or not to pay as some take it but sheweth them that were so far from this duety that they ought to pay tithes and yet doe more then that Leo the first liued in S. Augustins time but yonger Gratian citeth his words thus Nullus decimas ad alteruÌ„ pertineÌ„tes accipiat not long after this the councell called Marisconense 2. was held wherein it was thus decreed Leges diuinae sacerdotibus ministris ecclesiaruÌ„ pro haereditaria portione omni populi praeceperuÌ„t decimas fructuuÌ„ suoruÌ„ sacris locis praestare vt nullo habere impediti spiritualibus possent vacare ministerijs quas leges Christianorum congerics longis temporibus custodiuit intemeratas Vnde statuimus vt mos antiquus reparetur vt decimas ecclesiasticas omnis populus inferat This councell was held about the yeare of Christ 580. The testimonie of the fathers of this councel is to be obserued They witnesse that the ordinance of tithes was very auncient in the church before them and as auncient so vniuersally receiued among Christians They witnesse likewise that the right thereof is from the law of God Before this councell almost an hundreth yeares was held the first councell of Orleans which affirmeth the same After this the same truth was likewise coÌ„firmed by diuerse councells Concil CaebiloneÌ„s 2. cap. 19. concil Melens cap. 2. Concil Valent. cap. 10. Concil Foreiuliens cap. vlt. Concil Mogunt cap. 17. Concil Rothomag which is thus cited by Gratian Omnes decimae terrae siue de frugibus siue de pomis arborum domini sunt illi sanctificantur Ones boues caprae quae sub virga pastoris transeunt quioquid decimae euenor it sanctificabitur Domino The Fathers of this councell show that they vnderstood the precept of tithes Leuit 27. literally no otherwise to be vnderstoode for Iewes then Christians Concil Triburiens cap. 13. and 14. saith thus quid si dicerit Dominiss nempe meus es ô homo mea est terra quam colis mea semina qâ—â— spargis mea animalia quae fatigas meus est solis ardor quum omnia mea sint tu qui manus accomodas solum decimam merebaris sed seruo tibi nouem da mihi decimam si non dederis decimaÌ„ auferam nouem si dederis mihi decimam multiplicabo nouem Si ergo querat aliquis cur
Tithes stood in the time of the new Testament LEt it bee examined in the next place how tithes stood in the time of the new Testament In this time we finde no expresse mention that tithes were payed nor any expresse proofe that they were not but there is great probabilitie that they were not First because we finde no expresse testimonie for them Secondly because that vse of paying tithes as the Church then stoode was so incommodious and cumbersome that it could not well be practised And therefore as circumcision was laid aside for a time whilst Israell trauailed through the wildernesse not because the people of right ought not then also to haue vsed it but because it was so incommodious for that estate and time of the Church that it could not without great trouble be practised euen so the vse of tithes in the time of Christ and his Apostles was laid aside not because it ought not but because it could not without great incumbrance be done And as circumcision was resumed as soone as the estate of the Church could beare it so tithes were reestablished as soone as the condition of the church could suffer it for tithes can not wel be payed but where some whole state or kingdome receiueth Christianitie and where the maiestrate doth fauour the Church which was not as then Now as soone as it can be shewed that a Maiestrate did fauour the Church so soone will it also appeare that tithes were established Thirdly moreouer tithes were payed to the priests and Leuites in the time of Christ and his Apostles now the Iewish sinagogue must first be buried before these things could be orderly done when the sinagogue was buryed and the estate of the Church could beare the practise then were tithes brought into vse in the Church Fourthly in the times of the new Testament and somewhat after there was an extraordinary maintenance by a communitie of all things which supplied the want of tithes but this communitie was extraordinary and not to last alwaies now as this extraordinarie maintenance decayed tithes being the ordinarie maintenance of the ministerie grew in vse againe and if it should so happen that the Church should bee in the like case againe as then it was then must paying of tithes cease for the same reason as then it did And then might that communitie be reduced againe for that time that is an extraordinarie maintenance at an extraordinarie time but this could not preiudice the right of the ordinarie maintenance when fit time serueth albeit then that for these reasons tithes were not vsed de facto in the time of the new Testament yet it appeareth that de iure they ought to haue beene payed if these incumbrances had not disturbed the conuenient practise thereof Mat. 23. 23 You tith mint and annise and cummin and leaue the weightier matters of the law c. these ought yee to haue done and not to haue left the other vndone from which words tithing hath the approbation of Christ as a thing that ought to be done there is an apposition betweene things of the same kinde the greatest morall things in mercy and iudgement and the least morall things in paying the least tithes Thus Origen and other fathers vnderstand these words as belonging no lesse to Christians then to Iewes Luke 18. the proud Pharisee in his prayer saith I fast twise in the weeke I giue tithes of all that euer I possesse where we finde tithes accounted morall as fasting Heb 7. 8. the Apostle sheweth from Abrahams paying tithes to Melchisedech that Christs priesthood is perpetuall not subiect to change as was that of Leuy which declareth that tithes follow that priesthood which is perpetuall Briefly I reason thus there is no proofe through out all the new Testament for any other ordinary maintenance of the ministery therefore tithes remaine still the ordinarie maintenance But because the Apostles times are so much obiected against vs for the pretended competencie we must better consider these times so far forth as they touch this maintenance In the Apostles writings ther be two things to be obserued concerning this point First the examples of that maintenance which then was in vse Secondly the reasons and proofes which the Apostles vse to moue the people to contribute both these things stand against the pretended competencie for if the examples be considered that which was done appeareth to be nothing else but almes if the proofes be weighed they are such as proue another thing then that which then was practised and if they bee well examined they prooue tithes due Now the Apostles reasons are good and strong when as by such proofes as indeed proue the ordinary maintenance due he calleth for some other thing of the people because tithes the ordinary maintenance could not in that estate of the Church well bee payed If these things be examined in order it will appeare first by the examples and practise of that time that those contributions were nothing but almes for no man was compelled to giue any thing but euery man gaue as hee was moued It shall bee sufficient of many to shew a few examples the Apostle speaking of such contributions Romanes 15. 26. 27. saith it hath pleased them of Macedonia and Achaia to make a certaine distribution c. By which words hee describeth an almes and in the words following where he saith It pleased them their debtours are they he sheweth this distribution was but almes for if it were giuen at their pleasure and if they who receiued it were their debtours surely it can bee nothing but almes The circumstances of that action proue no lesse for they of Macedonia and Achaia as likewise they of Rome were not bound in any other dutie then meere charitie to maintaine those at Rome And as heere wee finde that hee accompteth it so euen so hee calleth it in plaine termes by the name of Almes Act. 24. 17. After many yeeres I came and brought almes to my nation By this it may appeare that the Apostle accompted such contributions as then were vsed in the Church meere Almes Tertullian speaking of this vse which as it seemed continued to his time saith thus vnusquisque stipem quum velit si modo possit apponit nam nemo compellitur sed sponte confert Then from the vse and practise of the Apostles times nothing can bee proued but almes and therefore this competent maintenance cannot bee drawen hence first because this competency by them who striue for it is not meant almes secondly because they who hould this doe thinke that the people may bee compelled to contribute some thing but this is directly against the vse of the Apostles times for no man was compelled but that onely was taken which was willingly giuen Thirdly because they would haue it at the appointment of the maiestrate which thing is not answerable to these times This may suffice to proue that this competent maintenance doth not agree