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A81692 A defence and vindication of the right of tithes, against sundry late scandalous pamphlets: shewing, the lawfullnesse of them, and the just remedy in law for them, as well in London as elsewhere. / Penned by a friend to the Church of England, and a lover of truth and peace. A Friend to the Church of England, and a Lover of Truth and Peace.; Downame, John, d. 1652,; Nomophilos Philotolis. 1646 (1646) Wing D2074; Thomason E339_7; ESTC R1318 21,705 42

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now be no difficult matter to prove the first head I laid down viz. That Tythes are justly and lawfully due to Ministers under the Gospel First They are due to them by the Law of the Gospel that Law which the Apostle Paul calls the Ordinance of God in these words 1 Cor. 9.14 Even so hath the Lord ordeigned that those which preach the Gospel should live of the Gospel The reason of this Law is rendred in the verse next before Do ye not know saith he that those which minister about holy things live of the things of the Temple and they which wait at the Altar are partakers with the Altar Even so hath the Lord ordeigned that those which preach the Gospel should live of the Gospel So that the Law of Moses and the Law of the Gospel agree both in this that the Ministers of the Gospel are to have as due to them a proportionable maintenance with the Levites and Priests under the Law The Levites that ministred about holy things they were to have of the Tithes belonging to the Temple but were no offering of the Altar The Priests that attended at the Altar were to have as their due from the people for so is the Law Deut. 18.3 of every sacrifice offered on the Altar whether Oxe or sheep the shoulder the two cheeks and the maw even so the Ministers of the Gospel are to have from the people as their due not as an alms the Gospel maintenance that is those endowments of the Church being for the most part Tithes and Glebe given by Christians to God and his Church for the propagation of the Gospel And the equity and justice of this Law the same Apostle confirms by many more reasons in the six next precedent verses First From the Law of Warre Who goeth to warfare saith he at his own charge Secondly From the Law of nature Who feedeth a flock saith he and eateth not of the milke Who planteth a vineyard and eateth not of the fruit Thirdly From the Law of God ver 8 9. Say I these things as a man saith not the Law the same also For it is written in the Law of Moses Thou shall not muzzle the mouth of the Oxe that treadeth out the corne And from all these infers this conclusion ver 11. If we have sown unto you spirituall things is it a great thing that we shall reap your carnall things The later end of these words of the Apostle Those that preach the Gospel shall live of the Gospel are in the Originall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and have this sence in the judgement of very learned Interpreters viz. Those that preach the Gospel shall live of the gift or reward of the Gospel for which they give two reasons First These words are an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 next before and have this sence that as those which wait at the Altar shall partake of the gift of the Altar so they that preach the glad tydings of the Gospel shall live or the gift or reward due for those glad tydings Secondly The true and proper signification of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will bear it for though in the New Testament it commonly signifies glad tydings yet in many other Greek Authours it signifies a gift or reward for good tydings That text of the 2 Sam. 4.10 as it is rendred in Greek by the Septuagint leaves no place for contradiction where King David speaks thus to Rechab and Baanah who brought Ishbosheths head unto him When one told me saith he Behold Saul is dead thinking to bring me good tydings I took hold of him and slew him in Ziglag who thought I would have given him a reward for his tydings for these words I would have given him a reward for his tydings the Greek is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cui oportuit me dedisse euangelium The vulgar latino renders it mercedem pro nuntio The Chaldee Paraphrast Donum boni nuntij the reward of good tydings Many more Authours might be quoted where that word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or glad tydings is taken for a gift or reward of them which for brevities sake I shall omit Secondly Tithes are due by the Law of Reason from which law the Imperiall lawes which are very severe in the enjoyning the payment of Tithes derive their principles to which law of Reason most Nations in the world Pagan as well as Christian have consented in the payment of Tithes to men employed about the administration of holy things Especially Christian Nations as might abundantly be shewed It is true that within this last hundred years some few Reformed Churches have taken away from the Clergy their ancient endowments of Tithes and Glebe to their own use and have allowed them in liew rhereof certain yearly stipends not answerable to the huge fleeces they took from them as may appear in divers Countrey dorpes or villages in Germany the Palatinate and else where by which means the Ministers in those places are become very ignorant and poor and that ignorance occasioned by their poverty in wanting money to buy them books and their preaching as well as their persons despised A contemptible maintenance making a contemptible Ministery This calamity learned Gualter saw and lamented in his time complaining that not onely Papists but such Qui Religionis sectatores videri volunt tamen opes ecclesiasticas sacrilega manu ad se rapiunt even such saith he as would seem to be professors of true Reformed Religion yet do with sacrilegeous hands take the Church-goods to themselves Whence he foretells that it will come to passe ut Scholae frigeant doctissimi quique dilabantur That the Schools will every where be neglected and learned men utterly decay Whereas here in England by means of better maintenance of the Church allowed to Ministers as their own and not dependant on the people agreeing to that law of reason I spake of their persons are more esteemed and loved their preaching more learned laborious and effectuall and the Word of God more graciously and fruitfully received then in any Nation in the World Thirdly Tithes are due by the Positive Laws of the Land and have been due to Church-men ever since Christianity was planted in England These positive Laws derive as much from the Law of Reason as any Laws in the world insomuch that it is a maxime in the Law concerning Tythes that they are due of Common Right de Communi Jure and that therefore a prescription de non decimando to pay no manner of Tithes is against Common Right or Common Reason and therefore void This Law concerning Tithes is likewise established and confirmed by many Acts of Parliament of which I will only name six The Statute of 13 Ed. 1. called Circumspectè agetis The Statute of 9 Ed. 2. called Articuli Cleri The Statute of 27 Hen. 8. c. 20.32 Hen. 8. c. 7. 2 Ed. 6. c. 13. and the Statute of 37