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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61092	The larger treatise concerning tithes long since written and promised by Sir Hen. Spelman, Knight ; together with some other tracts of the same authour and a fragment of Sir Francis Bigot, Knight, all touching the same subject ; whereto is annexed an answer to a question ... concerning the settlement or abolition of tithes by the Parliament ... ; wherein also are comprised some animadversions upon a late little pamphlet called The countries plea against tithes ... ; published by Jer. Stephens, B.D. according to the appointment and trust of the author.; Tithes too hot to be touched	Spelman, Henry, Sir, 1564?-1641.; Stephens, Jeremiah, 1591-1665.; Bigod, Francis, Sir, 1508-1537.	1647 (1647)	Wing S4928; Wing S4917_PARTIAL; ESTC R21992	176,285	297

tholo Papin So Hesodius offered the tripod he won at Amphidamas game as the prize of Poetry and upon the altar of the Muses Additions to the 26. Chapter of the Law of Nations These Laws of the Heathens are but few of many more that might have been collected If any Reader therefore desire to be further satisfied touching the practice and custome of the Gentiles in payment of tithes he may abundanly receive content from M. Selden in his History cap. 3. and Mountague in his Diatrib cap. 3. out of both some collections are here added Some perhaps will say it is lesse materiall to consider their doings seeing we Christians have the light of Israel to direct us and the assured Word of God to our guide as for the customes of the Gentiles they might in many things imitate Gods own people but we may have recourse to the fountain of all truth to Him who is the way the truth and the light It is true but God himself hath been often pleased to upbraid and provoke his own people by the example of a foolish and ignorant people and to call heaven and earth to witnesse against his own when they have been obstinate and perverse in their ways And our Saviour saith that the men of Ninive shall rise up in judgement and also the Queen of Sheba against them who neglected so great means of salvation and instruction as the people enjoyed when he and his Disciples preached to them and that it shall be more tolerable for Sodome and Gomorrah at the last day then for Chorazin and Bethsaida who heard his doctrine and saw his works So doubtlesse we Christians in this last age in this light of learning and sun-shine of the Gospel may learn by the examples of the very Heathens who were so precisely observant both of the quantity the tenth and of the quality in giving the best of the encrease which must needs proceed out of some secret inclination unto that practice whereof as in many other remains of naturall notions they knew no reason but were secretly inclined thereto by that Providence which disposeth all things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or at least from long continued practice and traditions as they had many taken from divine instruction at the first though whence they had them they could not tell not utterly abolished and obliterated in the darknesse of Pagan errors Paulus Diaconus in his abridgement of Festus doth witnesse the generall practice of the Gentiles Decima quaeque veteres diis suis offerebant Diodorus Siculus lib. 4. saith That Hercules being very well pleased with the kindnesse of the Inhabitants of Palatium foretold them that after his Canonication those that would consecrate the tenth part of their substance unto Hercules should be very fortunate and prosperous in the whole course of their life which continued saith Diodorus a custome unto my time and he lived in the days of Julius Caesar. And prosecuting the point doth instance in Lucullus and other wealthy Romans saying Many Romans accordingly not onely such as were of very mean estates but also many of the richest sort have made these vows unto Hercules to give him the tenth of all and they becomming afterward very wealthy have accordingly given unto him the tenth their state amounting to M. M. M. M. Talents L. Lucullus well-nigh the wealthiest Romane of his time making an estimate of all that he was worth gave the tenth in oblation unto this Deity which tenth he laid out upon many and sumptuous feastings to his honour gifts to his Temples and the like And these Herculean Tenths were Therumatus of a fair eye given with a liberall and plentifull hand as appeareth by that which Sylla Lucullus and Crassus did So Plautus useth obsonare pollucibiliter to riot it and fare as they doe that sacrifice unto Hercules and quaestus Herculeus exceeding great gains which is a most sure proof how prodigally liberall these Pagans were in paying their tithes of their never so great wealth unto their poppet gods having never heard of the reward of the righteous nor happinesse in heaven laid up for all those that so honour God And to this doth Tertullian allude speaking of the prodigality of the Gentiles in such Feasts Herculanarum decimarum polluctorum sumptus tabularii supputabunt Which ready forwardnesse of theirs shall one day rise up in judgement and cause it to be easier in the day of vengeance for those Pagans that knew not God then it will be for many millions of Christians that are both witty and couragious to withhold from God his due and defraud him of that which in his name and for his right sake was given unto those that intruded on his place as an annexum thereto amongst the Pagans Halicarnasseus reporteth that the Pelasgi in a dearth and great scarcity of all things vowed upon plenty sent unto them to give the tenth of all that God should send unto them unto Jupiter Apollo and the Cabiri or the Samothracian Deities intending that this misery and scarcity came unto them for their former neglect and contempt of that part of piety Vpon this vow of amendment they had their desire plenty was sent them and then setting aside the dedicate portion the tenth of all their encrease of their grounds and of their cattell they offered it unto those gods The perpetuall use and practise amongst the Romans appeareth by Trebatius who wrote saith Macrobius de religionibus of the religious rites and ceremonies of the Pagans Trebatius in that Book as Arnobius telleth us declareth a custome yearly with the Romans That the encrease of their Vintage was by solemn words and formalities set apart from ordinary and common use for untill that ceremony so performed whereby God did as it were give possession unto men He as the giver of all things and so of that naturall encrease had in their opinion and this is a most remarkable passage for the right of Tithes as they opined right unto and interest in all Nor was it lawfull among them for any man whatsoever to use his own as his own though it grew upon his own ground was manured tilled sowed set preserved at his cost with his labour and diligence untill God had given him leave to doe it being supplicated and sollicited thereunto by this formall ceremony This is the summe of Trebatius discourse in Arnobius This is that which may shame and confound all Christians that acknowledge no such right God hath nor will be induced to professe it so this will rise up in judgement against all maligners at and detainers of the Churches portion in Tithes Gods right our inheritance by better conveyance then Muncipall Laws can afford any Cato de re rustica ca. 132. hath the practice and the form Jupiter dapalis quod tibi fieri oportet mark the word oportet a matter of necessity not of voluntary devotion in domo familia mea culignam vini Dapi ejus rei

to the naturall condition of those times as sacrifice and first-fruits which though they rose out of the law of Nature as touching the common end of being offered by way of thanksgiving unto God yet in that they were also types and figures full of ceremony they became temporall and thereby transitory For the children of Adam finding themselves in the wrath of God and their flesh bloud body and life to be altogether corrupted and accursed by the transgression of their father they sought by all invention possible to help it as far as nature could and therefore both to expresse the present estate of their miserable condition and the mark also they aimed at for redemption in time to come they held it as a necessary correspondency that flesh should be redeemed with flesh bloud with bloud life with life the guilty body with a guiltlesse body and to be short the trespasse and corruption of man by the innocency of some sanctified creature offered unto God for remission of sin And because nothing under the sun could be offered up but it also was full of corruption and that nothing could be acceptable unto God that was impure therefore though they chose the cleanest and perfectest beasts and things for these offerings and sacrifices and purged and sanctified them by all manner of means they could yet they devised further to sever the purer and aeriall part thereof from the grosse and earthly consuming the one that is to say the flesh and the bones as the body of sin and corruption with the deserved torment of fire and sending the other that is the fume and vapour as the purer part to carry their prayers and invocations up into heaven before the Throne of God First how corruptible they were that is even like the great body of a bullock suddainly consumed Secondly the punishment in justice due unto them even the torment of fire Thirdly the place and person from whence they hoped for redemption Heaven and Almighty God And lastly the means whereby they were to attain it taken from two of the proprieties of fire light and heat that is first the light of faith whereby they long foresaw the promised seed and secondly the heat of zeal and hearty prayer breathed and sent forth from the altar of a fervent heart whereby they hoped to obtain remission of their sins After all this they yet considering further that the corruption and wrath fallen upon them was perpetuall and that these oblations and sacrifices were but temporall and momentary they thought in reason being onely under the law of Reason that the one could not countervail the other and that therefore it was necessary by continuall reiteration and multiplying of sacrifices to sollicite and importune God from day to day untill the time came that a perpetuall sacrifice might be offered up to make finalem concordiam in the high Court of heaven a full atonement betweene God and man which being once accomplished by our Saviour Christ both the institution and the end of sacrificing were wholly accomplished and so no cause for ever after to use that ceremony any more For with one offering saith the Apostle to the Hebrews hath he consecrated for ever them that are sanctified Heb. 10. 14. Touching Circumcision though it were before the Leviticall Law yet it rise not out of the Law of Nature or Morall Law but was instituted by a positive constitution made by God himself and not as a part of his worship but as a seal of his Covenant with Abraham which by this ceremony of cutting away the impurer part of the flesh did put the children of Israel ever in mind to cast away carnall affections and to hope for the promised Messias that should cleanse them from the impurity of sin and restore them again to the favour of God which being performed by our Saviour the Covenant was fulfilled and the seal of Circumcision presently thereby defaced § 2. Of the Sabbath day Easter and Pentecost The Institution of the Sabbath day had in it much more Levitical ceremony then the matter of tithing for no man ought to kindle a fire on that day nor dresse the meat he should eat nor carry any burden take a journey or stir out of the place he was in Tarry every man in his place let no man goe out of his place the seventh day Exod. 16. 29. It was besides a day appointed for divers particular ceremonies sacrifices and offerings as yee may read Num. 28. 9 10. and amongst other significations to be a memoriall of the great deliverance out of Aegypt a thing peculiar to the Jews Neither have we any commandement but only a precedent for the keeping of it from the Apostles Acts 20. 9. 1 Cor. 16. 2. Rev. 1. 10. Yet durst never any man say that the Sabbath was therefore to be abolished but the temporall and ceremoniall parts thereof being taken away the morall use of the commandement which is that the seventh part of our time must be dedicate to the generall service of God remaineth for ever to the worlds end for otherwise our Sabbath is so remote from the Sabbath commanded in the Decalogue that the one holdeth almost no affinity with the other as appeareth in the points aforesaid and for that their Sabbath was the last day of the week ours is the first their 's was in celebration of the end of his workes ours in celebration of the beginning thereof for in the first day were the Elements the Angels c. made August Tom. 10. fol. 250. Theirs in memory of the Creation of the world ours of the Redemption that Christ rise from the dead the first day of the week And though the Apostles taught us by example to exchange the Jewish Sabbath for this of ours as touching the publique meeting on the first day of the week for setting forth the glory of God yet they gave us no commandement to abstain from work on that day but the Church decreed saith S. Augustine that all the honour of the Jewish Sabbath should be transferred to the Christian loco dicto and is done upon the Morall reason of the commandement not the Leviticall So likewise in tithing cut off those parts that were temporall and ceremoniall which as I have shewed were neither in the payment nor in the receiving of them but in the manner of sanctifying and employment of part of them after the Levites were possessed of them and then that which remaineth namely the payment and receiving of them for maintenance of the service of God remaineth for ever as a part of the Morall Law and common equity So touching Easter Christ our Passeover was sacrificed for us 1 Cor. 5. 7. and thereby the end of Institution accomplished how come we then to continue it especially having neither commandement nor precedent thereof from the Apostles The Ceremoniall part of the Paschall feast viz. the Leviticall Lamb the Purification precedent c. are abolished with the Law

beleef in my good doings and just proceedings for you without my desire or request have committed to my order and disposition all Chauntries Colledges Hospitals and other places specified in a certain Act firmly trusting that I will order them to the glory of God and the profit of the Common-wealth Surely if I contrary to your expectation should suffer the Ministers of the Church to decay or Learning which is so great a jewell to bee minished or poor and miserable to be unrelieved you might well say that I being put in so speciall a Trust as I am in this case were no trusty friend to you nor charitable to my even Christian neither a lover of the publique wealth nor yet one that feared God to whom account must bee rendred of all our doings Doubt not I pray you but your expectation shall bee served more Godly and Goodly then you will wish or desire as hereafter you shall plainly perceive c. So that the King hereby doth not onely ingenuously confesse the Trust committed to him by the Parliament in the same manner that the Act assigneth it viz. to be for the glory of God and the profit of the Common-wealth but he descendeth also into the particularities of that Trust as namely for the maintenance of the Ministers the advancement of Learning and provision for the poor That the King might not take them In the 45. chap. of Ezekiel God commandeth the Prophet to divide the Land into three parts one for God himself and his servants the Priests the other for the King and the third for the people And then he saith Let this suffice O yee Princes of Israel v. 9. Leave off cruelty and oppression and execute judgement and justice take away your exactions from my people And again chap. 46. 18. The Prince shall not take of the peoples inheritance nor thrust them out of their possessions but he shall cause his sonnes to inherit his owne possession that my people be not scattered every man from his own possession Though the said Texts savour something of the Leviticall Law as to preserve the Tribes from confusion yet they present also unto us rules of Morall justice First that in the division of the Kingdome wee must remember to give him a part for his honour that giveth us all for our necessities therefore he saith in another place 45. 1. When yee shall divide the Land for inheritance yee shall offer an oblation unto the Lord an holy portion of the Land Secondly that the Prince must be contented with the portion assigned him and not to disturbe the people in their possession but not God especially in his for that is priviledged further and defended with another iron barre it is an oblation saith the Text unto the Lord yea it is an holy portion of the land Holy because it is offered unto God and holy again for that being offered unto the Lord it is severed from the injury of man it must not be violated nor plucked back it must not be sold nor redeemed it is an inheritance separate from the common use it is most holy unto the Lord Lev. 27. 28. It being thus manifested what are the chief ends and uses of Parsonages it appears how unjust it is to tolerate Appropriations and how miserable their condition is who hold them Oh how lamentable is the case of a poor Approprietary that dying thinketh of no other account but of that touching his lay vocation and then comming before the Judgement seat of Almighty God must answer also for this spirituall function first why he medled with it not being called unto it then why medling with it he did not the duty that belongeth unto it in seeing the Church carefully served the Minister thereof sufficiently maintained and the poor of the Parish faithfully relieved This I say is the use whereto Parsonages were given and of this use we had notice before we purchased them and therefore not onely by the Laws of God and the Church but by the Law of the Land and the rules of the Chancery at this day observed we ought onely to hold them to this use and no other Look how many of the Parishioners are cast away for want of teaching he is guilty of their bloud at his hand it shall be required because he hath taken upon him the charge He saith he is Parson of that place and of his own mouth will God judge him for idle Parsons are guilty of the bloud of the Parishioners and this S. Paul sheweth when he saith I thank God I am pure from the bloud of all men Act. 20. 26. meaning he taught the counsell of God so faithfully as if any be not saved thereby their bloud is upon their own heads for he on his own part addeth that hee hath kept nothing back but shewed them all the counsell of God v. 27. It is not therefore a work of bounty and benevolence to restore these Appropriations to the Churches but of duty and necessity so to doe It is a work of duty to give that unto God that is Gods Mat. 22. 21. and a work of necessity towards the obtaining remission of these sins for as S. Augustine saith Non remittitur peccatum nisi restituatur ablatum cum restitui potest Augustin Macedon Ep. 54. The sin shall not be forgiven without restoring of that which is taken away if it may be restored Of the Statute of dissolution that took away Impropriations from the Church We must note touching that first Statute the time wherein it was made the persons by whom the circumstances in the carriage and effecting of it and the end why The time while it was yet but dawning of the day or twilight of both Religions The persons then members of the Parliament half of them I fear if not the greater half either absolute Papists or infected with Romish Religion the other half yet in effect but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and candidati restitutae religionis and so could not by and by conceive all dependencies in so great a work and what was fit in every respect to be provided for The circumstances incident to the businesse as the great and strong opposition of the adverse party which happily was so potent in Parliament as if opportunity had not been taken at some advantage for passing of the bill whilest many of them were absent it had not passed so soon and this might well cause haste in the carriage of it and haste imperfection How it fell out in that point I doe not know but I have heard that anno 1. Mariae when the Laws of H. 8. touching the Premunire and of Ed. 6. touching Religion were repealed the matter was so handled as there were but 28. persons in the Parliament House to give their voice with the Bill and yet carried it So in this businesse the great haste and desire to effect it and the great matters aimed at as the transferring of all Monasteries

Augustin epist. 109. Quando ergo simul estis in ecclesia ubicunque viri sunt invicem pudicitiam custodite Hieronymus in Esaiam cap. 60. Videmus Caesares aedificare ecclesias expensis publicis epist. 8. Alij aedificent ecclesias vestient parietes marmorum crustis columnarum moles advehant earumque deaurent capita c. fastidit in re tam nota olei tantum perdere clarum est Ecclesiam idem esse christianis quod Synagogam Judaeis Augustinum habes in eandem sententiam in Psalm 82. unde priscus quidam Nobis ecclesia datur Hebraeis Synagoga Plura si cupias numerosa habeas exempla in Burchardi De●retorum lib. 3. qui de ecclesijs inscribitur Besides also not to conceale the doubts and apprehensions of wiser and more learned men upon the argument there was also a gentleman of eminent quality and learning Mr. Richard Carew of Anthony in Cornwall who was not satisfied in all points with this treatise of Sir Henry whereupon he wrote his doubts in some particulars unto him submitting much to his judgement Vnto whom for satisfaction Sir Henry wrote a very pious epistle which shall here follow after the apology for satisfaction to the better sort who sometime stumble out of private interest or passion as well as inferiour men Hoping that such will be easily corrected in their opinion as Mr. Carew was being a Gentleman ennobled no lesse in regard of his parentage and descent then for his vertue and learning as Cambden testifieth of him in his Britannia THE APOLOGY This Apology cleareth some passages as 1. Touching the word Ecclesia which signifies either a materiall Church or the Congregation of the people assembled 2. An explication of the text of Esa. 56. 7. My house shall be called the house of prayer 3. The place of the Apos●le 1 Cor. 11. 12. Despise ye the Church of God 4. The exp●sition of the 83. Psalm a●ainst such as destroy Churches and the maintenance of them and the Ministers 5. The number o● Churches spoil● amon● us COming to my worthy friend Sir Ralph Hare and lying a while idle there I thought that idle time fittest for some idle worke and disposed my selfe therefore to give some answer to such passages of this Treatise as the Author at his pleasure hath very idly if not maliciously taxed me in But being far from my books and having not so much as that Treatise of his by me or any note out of it I shall no doubt forget mistake omit and misplace many things Wherein good Reader I must entreat thy patience and favour It being brought unto me I ranne over divers leaves thereof wherein I met multa verba nulla verbera but judging therefore the Author by his worke I thought neither of them worth the answering himselfe as it seemeth some rude Naball delighting in contentions and uncivill speech wherein I will not contend with him onely I will consider of his reasons though indeed they are such as will shew him to be a weake adversarie Qui strepit magis quàm sauciat And therefore though I sit safe out of his dint yet will I let the reader see how vainely he bestoweth his shot and how farre from the marke As for the parts of my booke wherein I labour as he saith to prove tithes to be due ●ure divino and his answers thereto my purpose is not here to medle with them for that they require a more spacious discourse then either that volume admitted or I now meane to enter into it being not a private question betweene him and me but long controverted by greater clerks and left to this day as questionem vexatam non judicatam The truth is the course of my argument lead me upon it and I therefore produced some arguments tending to the maintenance thereof but referring the point unto a greater work and forbearing to declare my selfe therein without ample and more laborious examination of so great a controversie leaving therefore that as a generall cause whereof he may perhaps have more another time I will here wage my selfe against him onely in those things wherein he chargeth me particularly in my owne person and passing over amongst them such snatches of his as scarcely ruffle the haire I will onely meddle with those parts where he thinketh he biteth deepest First he quarrelleth with me about the title of my booke in that I use the word Ecclesia for a materiall Church or as in contempt he termeth it a stone-house affirming in his learning that it signifieth onely the congregation which assertion if he could make good would give him a great hand in the cause for that much of his argument following lieth very heavily upon this pin Surely if I guesse right some Dictionary hath deceived him for perhaps his reading reacheth not so far as to resolve him herein but if two thousand authorities be sufficient to defend me withall I speak it without hyperbole I assure my selfe I could produce them Who knoweth not how ordinary a thing it is to have one word signifie both the persons and the place as Civitas the citizens or towne Collegium the society or house Senatus the Senators or Senate house Synagoga the assembly or place of assembly I am sure he will confesse that where it is said He loveth our nation and hath built us a synagogue It is not there meant of the persons he built them a congregation but of the place A Synagogue and Ecclesia signifie both one and the same thing the congregation or place of congregation in which sense we Christians notwithstanding use onely the word Ecclesia for our congregations and houses of prayer for that the Jews had taken up the other word for their ● ratories according to an old verse Nobis Ecclesia datur Hebraeis Synagoga And in this manner was the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 used amongst the Greeks before the Christians borrowed it from them as it appeareth by some of your Lexicons where it is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Caetus concilium congregatio c. ponitur etiam pro loco ipso in quem convenitur Lucianus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. Ubi curiam in qua consultant undique stravero And that the Church hath ever since used it in the same sort shall by and by appeare when we come to insist more particularly upon this point Faine would I know what himselfe would call one of our stone-Churches in Latine Templum savours of Judaisme and if I should have used a word of the ancient Fathers and said De non temerandis Basilicis Curiacis or Dominicis it may be I should have driven him to his Dictionary and yet left him pusled I thought fanum too prophane a word but he perhaps would think it so much the fitter for a Church and a play-house seem a like to him Another of his quarrels is that I apply the place of Isaiah the Prophet cap. 56. 7. My

is the number of spirituall sanctification ten the number of legall justification Therefore to pay all the nine parts was nothing if we failed in the tenth for the tenth is the number of perfection and therefore required above all other as the type of legall justification And as our faith is nothing without works so neither is the Sabbath without tithes for they that minister to us the spirituall blessings of the Sabbath must receive from us the temporall gratuities of Tithing CAP. XXVI That they are due by the Law of Nations THe Law of Nations is that which groundeth it self upon such manifest rules of reason as all the Nations of the world perceive them to be just and do therefore admit them as effectually by the instinct of nature as if they had been concluded of by an universall Parliament Therefore in truth this is no other but that which the Philosophers call the law of Nature Oratours the law of Reason Divines the Morall law and Civilians the Law of Nations As far then as Tithe is due by one of these so far likewise it is due by all the rest and consequently the reasons that prove it in the one doe in like manner prove it in all the other I will not therefore insist here upon arguments but remit you to that hath been formerly said touching the law of Nature and demonstrate unto you by the practice of all Nations what the resolution of the world hath been herein through all ages So ancient it is among the Heathens that good Divines are of opinion that Abraham took example thereof from the Heathen but others with more reason conceive it to be practised even by the children of Adam as well as sacrificing and the offering of first-fruits as by the opinion of Hugo Cardinalis I have shewed in another place Besides I find not any mention of Tithe paid by the Gentiles before the time of Dionysius commonly called Bacchus who having conquered the Indians sent a Present of the spoil Magno Jovi as Ovid witnesseth and this was about 600. after that Abraham tithed to Melchisedek Cyrus having collected a great sum of mony amongst his captives caused it to be divided delivered the tithe thereof to the Praetors to be consecrated to Apollo and Diana of Ephesus as he had vowed Xenophon in Cyro l. 5. Alexander the great having conquered the Countries of sweet odours and frankincense sent a whole ship-loading thereof to Leonides in Greece that he might burn it bountifully unto the Gods Plin. li. 12. c. 24. Posthumius having overthrown the Latines paid the tithes of the spoil as before he had vowed Dionys. Halicar li. 6. Livius Nebuchodonosor did the like too bountifully as Josephus reporteth it to the Temple of Belus Ant. l. 10. C. 13. Rhodopis a Thracian woman before the time of Cyrus gave the tenth part of all her goods unto Delphos Herodot Euterpe pag. 139. The Crotoniati warring upon the Locrenses vowed the tenth part of the spoil to Apollo but the Locrians to exceed them in their vow vowed the ninth part Alex. ab Alex. 165. Agis King of Lacedaemon went to Delphos and there offered his Tithe unto God Xenophon de rebus gestis Grae. li. 3. Agesilaus conquered so much of his enemies Country that in two years he dedicated above an hundred talents to God for the Tithe Xenoph. de Agesil laud. The Liparians having overcome the Hetruscians in many sea battails sent the Tithe of the spoil to Delphos Diodor. 292. l. 40. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The custome of the ancient Gauls and so likewise no doubt of our Brittish Ancestors was to give all in effect that they got by the wars unto their gods as Caesar witnesseth and to sacrifice the cattell so taken De Bell. Gal. lib. 6. 132. And this use of Tithing the spoile obtained in war was every where so ordinary that Croesus the King of Lydia being overcome by Cyrus and taken into mercy told him as advising him for his good that he must of necessity render the Tithe of the spoil unto Jove and that he should therefore set a guard at every gate of the City to prevent the soldiers from embezling of it Herodot in Clio. li. 1. p. 36. I reckon up these particulars the more willingly to beget shame and remorse if it were possible in the soldiers of our time that having been exceedingly enriched in this kind have not I fear remembred God with so much as Croesus did when he sent no more but his iron shackles to Delphos Herodot ib. fo 37. Yet God had 7000. servants that Elias knew not of and therefore I will not judge them As Military men abounded thus with devotion so those of peaceable professions came not behinde them for Festus witnesseth lib. 4. p. 213. l. 67. That they of the old world offered every tenth thing unto God and Varro in his Book De re Rustica adviseth every man to pay his Tithes diligently of the fruits of his ground Therefore because the Sicilians were more happy in corn then other Nations they exceeded all other in thankfulnesse to Ceres as appeareth by Diodor. Sic. 288. in pede c. And for that the Athenians were next in that felicity they did the like and instituted further in her honour initia Eleusina i. the feast of the first-fruits which for the great antiquity and holinesse thereof were as Diodorus reporteth celebrated of all the people of the world Pliny saith the Arabians tithed their frank incense to their god Sabin not by weight as sparingly but by measure as a more bountifull manner Lib. 12. ca. 24. pag. 184. L. 57. The Aethiopians cut not their cinnamon but with prayers made first to their gods and a sacrifice of 44. Goats Rams and then the Priest dividing the cinnamon took that part belonging to their god and left them the rest to make merchandise of Plin. l. 12. ca. 19. fol. 286. in pede The Siphnians sent at one time so great a Tithe out of their silver and gold mines to Delphos as the richest man of that age was not more worth Herodot Thalia lib. 3. fol. 180. The Romans and generally all Nations paid the Tithe of their fruits to Hercules and they held it the happyest thing to vow the payment of them faithfully and they thought that the cause that Lucullus abounded so much above other in wealth was that he paid his Tithe so faithfully Alex. ab Alex. lib. 3. 165. As they paid their Tithes out of the fruits of the earth so did they likewise out of their privy gains and industry Herodotus writeth that the Samians a small people yeelded at one time six talents for the Tithe of their grain gotten by merchanchise Melpom. li. 4. 267. And that nothing might goe untithed the Ancients paid a Tithe of the very beasts killed in hunting namely the skins thereof to Diana Et penet in Trivia Dives praedae tamen accipit omni Exuvias Diana