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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

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Anabaptists are more bold in London to take up a publique contestation against them then the Presbyterians to make apology for them for did not one Mr B. C. an Anabaptist manage a dispute against Mr W. I. of Chr. and after that undertake another upon the same argument against M. I. Cr. and offered to proceed in it against all opposition which M. Cr. durst not doe upon pretence of a prohibition from authority Ans. 1. It is no strange thing for men who have a bad cause to set a good face on it and to make out with boldnesse and confidence what is wanting in truth of judgement and strength of argument this is observed of the Papists by a judicious Authour whom he sheweth to have been forward in the offers of disputation with iterated and importunate suits for publique audience and judgement And Bellarmine reporteth out of Surius that Io Cochleus a great Zealot for the Papacy offered to dispute with any Lutheran upon perill of his life if he fayled in the proof of his part of the Question● 2. For the boldnesse of the Anabaptists at this time and in this Cause and this City there may be divers conjectural reasons in particular given thereof besides the generall already observed as 1. Because they advance in their hopes of a toleration of their Sect and to promote that hope they have been so ready to engage in military service with a designe no doubt to get that liberty by force if they be able which by favour of authority they cannot obtain 2. For this matter of Tithes they might be more forward to oppose their tenure because it is a very popular and plausible argument wherein they might have the good wils of the people that they might prevail and their conceits that they did so though they did not because they would be very apt to beleeve what they vehemently desire may come to passe and it is not to be doubted but a dram of seeming probability will prevail more with most worldlings to spare their purses then an ounce of sound reason to put them to charges 3. They might take some encouragement to dispute against Tithes in this City because there is a project to change the maintenance of the Ministers set on foot by many worthy and well-minded Citizens which yet in truth makes nothing for the Anabaptists opinion who would have Ministers maintained by meer benevolence for the Citizens as they intend a more liberall allowance then the former since they see many of their Churches are destitute of Ministers because their Ministers have been destitute of means so they mean that it shall be certain setled by Authority and not left arbitrary to the courtesie of men 3. For the two disputes the one managed betwixt M. W. I. and M. B. C. the other purposed betwixt M. I. Cr. and the same B. C. but disappointed it makes nothing at all for the taking away of Tithes For as touching the former they who were not possessed with prejudice or corrupted with covetousnesse against the truth were much confirmed in the lawfulnesse of such rates as are paid in London under the title of Tithes though indeed they are not Tithes and of such onely was the debate at that time For the intended debate which was to be touching the divine right of Tithes though some godly and prudent men thought it should not have been taken in hand without the warrant of publique authority yet they made no doubt but that the truth of the cause or ability of the man who undertook the defence of it against M. C. would prevail unto victory But for the disappointment it was by the warrant of the Lord Major of the City to them both interdicting the dispute which was both without M. I. Cr. his knowledge and against his good will yet he obeyed the prohibition and when his Antagonist insisted and urged the performance of what was agreed upon notwithstanding the contrary command of the Lord Major his answer was that it was agreeable to the Anabaptists principles to disobey Authority but not according to the principles of Presbyterians And lest B. C. should take it for a token of distrust in his cause and make it an occasion of vain-glory either against the cause or person of M. I. Cr. he proposed the printing of M. B. C. his arguments against Tithes and engaged himself to answer them in print and so to refer both to the judgment of al unbyas●ed Readers which was the best way to give clear and full satisfaction to such as doubt on which side the truth is swayed by the most authentick testimony and soundest reasons It is no part of my task for the present to argue farther for Tithes then may answer the doubt you have proposed to me which is of the Parliaments purpose and proceedings touching the establishing or abolishing of them Animadversions upon the late Pamphlet intituled The Countreys plea against Tithes YEt that you may not be scrupled in conscience as you were in conceit by a new petty Pamphlet against payment of Tithes which perhaps may come to your hands I will give you some animadversions upon it which may also be of use to others as well as to you The title of the Booke is The Countryes plea against Tithes with this addition A Declaration sent to divers eminent Ministers in severall parishes of this Kingdome proving by Gods word and morall reason that Tithes are not due to the Ministers of the Gospell and that the Law for Tithes was a Leviticall Law and to endure no longer then the Leviticall Priesthood did c. Wherein the Authors say much in the outside but make no answerable proof in the inside of the Booke They direct it in the Title page as a Declaration to divers worthy Ministers in the Kingdome and in the beginning of the body of the Book they present it as a joynt Declaration of the people of severall parishes for their opinion concerning Tithes as a Reply to certaine papers from some Ministers pretending to prove Tithes due by authority of Scripture It had been faire dealing if they had printed those papers of the Ministers that it might appeare how well they had answered them But for the confident contradiction of the Divine right they alledge 1. The novelty of them in the Christian state 2. The ceremoniality of them as being meerely Leviticall 3. The inequality of them in severall respects 4. The trouble of them to the Minister For the first they referre the originall of them under the Gospell for the author to Pope Vrbane for the time to the three hundredth yeare after Christs ascension and for proofe of both they cite Origen Cyprian and Gregory at large without any particular quotation to find what they cite untill which time say they there was community of all things among Christians But first they should tell us which Vrban it was who they say began to bring Tithes into use for the maintenance of
Actus ille parliamentarius caeperintque omnia demoliri vi eripi è jurisconsultorum prodiit interpretatione ut praeda haec etiam in casses regios redigeretur Partita ergo ea demum inter regni nobiles necessariò tandem habitum est ut subalternis legibus corroboraretur Sed quò me rapiet fili hujus deductio disrumpendum certe est ne ulterius trahar in labyrinthum Putarem incaepturus silentii veniam verbo uno aut altero à te exporasse quod in rus vocatum itineris me cura jam sollicitat Quandoquidem vero neque brevis est dum redeam via sed nec tempus haec interea nobis excussit amor erga te noster fusiùs multo quàm cogitarem Academici autem nitoris nihil in nostris paginis disquiras oportet Commune enim illud quod scribis mihi tecum est Cantabrigia miserum me mater exuit cum 17. aestates non salutaveram trajectoque celerrime Lincolniensi hospitio in patrium solum adolescens revocor Gravibus hinc inde implicitus negotiis privatis nec à publicis liber ter rapior in Hiberniam Quod reliquum fuit vitae spatium domi satis aerumnose exegi denuò otii desiderio captus Londinum tertio hinc anno veni pace vero mihi videbar exoptatissimâ fruiturus qua Musarum limina ex voto delibarem Sed En nova in me rerum tempestas nova litium moles inopinatè proruit qua luctantem adhuc varieque agitatum nescio quousque detinuerit Poetae autem illud teneo dabit Deus his quoque finem Habes vitae nostrae compendium quam vides magnam amoris effusionem donec aliis tuis per literas quaesitis respondero Sancte faeliciter vale Londini 18. Septemb. 1615. A Treatise concerning Impropriations of benefices Cum privilegio regali THE PREFACE To the King our most gracious Sovereigne Lord Francis Bigod Knight his humble and true faithfull subiect and daily Oratour wisheth daily augmentation and increase of grace and honour I Did not perfytly know most gracious most christen and most vyctorious Prince how that amonge all other vertues that the vertuous gyftes given by grace only throughe the goodnes of Almighty God of the incomparable gyfte of gentlenes and humanite did so habundantly accumulately and so manifestly possesse and reigne in your noble and princely hart till that now it appeareth manifestly by your exterior noble acts and deedes for els undoubtedly I would not only have bin ashamed so to attempt rudely foolishly and rather presumptuously to trouble and disquiet such an imperyall majesty with this my rude and barbarous writing in the hinderance of your godly and spirituall studies with which your highnes taketh such intollerable paine as well to set forth the mere syncere and new glory of God as also the establishment quietnes and unitie of this your christen Comen welthe But also in my owne conceit and opinion calling to remembrance my great and manifold insufficiency in learning to write unto so mighty and famous a Prince I should even by and by have disallowed mine owne behaviour in that behalfe and judged my selfe worthy of blame but now considering most benigne Soveraigne Lord how much all your subjects be imperpetually bound to laud praise and glorifie almighty god to send unto us so Christen a kinge to have rule and governance over us your subjects by whose great and inestimable diligent labour charge study and paine we be delivered from the hard sharpe and X. M. times more than judicyall captivity of that Babylonicall man of Rome to the sweet and soft service yea rather liberty of the gospell I can for my part no lesse do then to present to your grace somthing thereby to declare how gladly I would give thankes to your highnes for such proofs as I among others have received by this said benefit in our deliverance which act is of it selfe so highly to the great peace unyte and welth of this most noble Empyre of England that if there were non other cause but that only we were bound to and with all our diligence and industry to study labour and devise how this benefit exceeding all other might world without end be extolled praised and made immortall and to receyte how much the furtherance of gods glory is by the same act set forth and advanced my learning ne yet wytte will not serve me Yet I dare boldly afferme pondering and considering depely the effect and circumstance of this matter This act is no lesse worthe then well worthy to be set in the booke of Kings of the old testament as a thing sounding to gods honour as much as any other history therein conteyned but what should I attempt or goe about to expresse the condigne and everlasting praises and thankes which your majesty hath deserved of all your hole Cominalt for the benefites before named unlesse I would take in hand like an evill workeman which by reason of his unperfectnes in his science should utterly staine and deface the thing he would most earnestly and diligently shew and set forthe I will therefore most excellent Emperor of this realme set all this aside and shew to your grace the cause of my enterprise for so much as I perceave that all your gracious proceedings are onely driven and conveyed to the most highe just and sincere honour of Almighty God the publique welth and unity of all Christendome most especially of this your most noble Realme of England it hath animated and incouraged me according to the small talent of learning that the Lord hath lent to me to put your grace in remembrance of the intollerable pestilence of Impropriations of benefices to religious persons as they will be called some to men and some to women which in mine opinion is a thing plainly repugnant to the most holy and blessed decrees and ordinances of Almighty God and highly to the extolling supporting and maintenance of the usurped power of the Bishop of Rome as your Majesty shall perceave in reading of this little treatise which your grace not being offended I shall ever God willing be able justly to defend and also stop the mouthes of them that shall say and abide by the contrary and that not with mine owne words but with authorities of holy Scripture And further I doe most humbly upon both my knees beseech your Imperiall Majesty that unto such time as this my little book be cleerly confuted by like holy Scripture and authorities as I have approved the same that it may safely goe abroad under protection of your gracious and redoubted name And for the prosperous preservation of your most royall estate of your most noble and vertuous Queene of your deere daughter Lady Princesse daughter and heire to you both according to my most bound duty I shall daily pray my life enduring Sir Francis Bigott Knight of Yorkshire wrote this Treatise whereof this Preface I received from Sir Henry Spelman but the rest
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 thē 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 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 areas 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 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 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 fully confirmed by Law and Parliament 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 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 ita ut se patronos tutores ejus praestarent Kings and Princes should give much Lands Revenues and great maintenance for the worship of God and his Ministers attending thereon which promise God abundantly performed by many and great Emperours Kings and Princes in all Countries after their conversion to the faith The donations gifts and buildings of Constantine the first and great Christian Emperour born at York and Helena his mother an English Lady exceeding religious and devout are famous in History together with their buildings and endowing of many ample and beautifull Churches in severall Counties of the Empire Neither did he thus alone in his own persō but he also gave leave to his subjects to doe the like whereby the Church was greatly enriched in a short time C. L. 1. c. de sacrosanct Ecclesiis § Si quis authent de Ecclesia The gifts and buildings of divers other Emperours and Kings as Theodosius Justinian Pipin and Charles the great are endlesse to be repeated When as any doth the like now or repair old Churches formerly built he is by some ignorant people tearmed Popish or Popish affected The grants buildings and gifts of our own English Kings Noble men and Bishops ever since our first conversion are famous in our Histories especially of King Lucius and Ethelbert the two first of the British and Saxon Kings so also of Egbert Alured Ethelwolph Edgar Edward the Confessor and many others in times following after the Conquest no Princes or Nobles being more bountifull then ours in England Their
God for them as their great Patrons and benefactors for that manner of maintenance wherein they have done beyond and above any Parliament that were before them and they continue and persist in the making of such augmentations as occasion is offered to this very day 3. They have given the repulse to divers petitions against Tithes which by the instinct and instigation of men of unsound principles and unquiet spirits have been put up unto them For the second that they will not take them away in time to come I have these grounds if not of infallible certainty yet of very great probability Though they have resolved upon the sale of Bishops lands and revenues in their Ordinance of November 16. 1646. for that purpose they have made an especiall exception with respect to the maiutenance of Ministers in these words Except parsonages appropriate tithes tithes appropriate oblations obventions portions of tithes parsonages vicarages Churches Chappels advowsons donatives nomination rights of patronage and presentation In excepting the right of patronage they meane neither to leave it to the power of the people to choose what Minister they please and the practice of the Honourable Committee for plundred Ministers sheweth the same for they appoint and place Ministers very often without the petitions of the people and sometimes against them as their wisedome seeth cause and if it were not so many would choose such as deserved to be put out againe Nor to put the Ministers upon the voluntary pensions or contributions of the people for their subsistence but assigne them under such a title what belongeth unto them by the Laws of the Land viz. Tithes obventions c. which intimates their mind not onely for the present but for the future Their wisedome well knoweth that the Revenue of Tithes as it is most ancient for the originall of it and most generall in practice both for times and places so it hath the best warrant from the word of God not onely in the old Testament which none can deny but in the new which though it be denyed by some is averred by others as D. Carleton M. Roberts D. Sclater M. Bagshaw in their treatises of Tithes and yet unrefuted by any and from the Laws of many Christian States especially from the Statutes of our Kingdome whereof abundant evidence is given in the booke of the learned Antiquary Sr Henry Spelman 3. That notwithstanding all the authority that may be pleaded for them the people are backward enough to pay to their Ministers a competent maintenance and if Tithes should be put down by the Parliament it would be very much adoe to bring them up any other way to any reasonable proportion of allowance for their support and so in most places the Ministery would be reduced to extreame poverty and that poverty would produce contempt of their calling and that contempt atheisme 4. That it is evident that such as make the loudest noyse against the tenure of Tithes are as opposite to the office and calling of Ministers as to their maintenance and intend by their left-handed Logicke because as the saying is the Benefit or Benefice is allotted to the office to make way for the taking away of the Ministery by the taking away of Tithes and not to wait the leisure of consequentiall operation according to the craft of Julian who robbed the Church of meanes expecting the want of wages would in time bring after it a want of workmen but presently to beare down both as Relatives mutually inferre one another as well by a negative as a positive inference and so as the Parliament having put down the office of the Prelacy now makes sale of their lands they if they could prevaile for the discarding of Tithes would by the same argument clamour and slander presently and importunately presse for deposition of the Ministery And we see how they take upon them with equall confidence and diligence not onely to write but publikely to dispute against them both 5. That if rights so firmely set upon so many solid foundations should be supplanted it would much weaken the tenure or title that any man hath to his lands or goods and would be a ready plea for rash innovators and the rather because of the manner of the Anabaptists proceedings who began their claime of Christian liberty with a relaxation of Tithes and went on to take off the Interdict or restraint in hunting fishing and fowling wherein they would allow neither Nobility nor Gentry any more priviledge then the meanest peasant And as their principles were loose so were their practices licentious for they held a community of goods and equality of estates whereupon the Common people gave over their worke and whatsoever they wanted they tooke from the rich even against their good wills So that it was a breach of their Christian liberty belike to have a lock or a bolt on a doore to keep a peculiar possession of any thing from them And the liberty was more and more amplified according to the fancies of their dreaming doctors for their dreames were the oracles of their common people and every day they set forth their liberty in a new edition corrupted and augmented till all the partition walls of propriety were broken down and so not content to have other mens goods at their disposall and to be quit from payment of rents and debts having made a monopoly of Saintship to themselves they excommunicated all who were not of their faction both out of sacred society of the Church and out of common communion in the world as wicked and profane and unworthy not onely of livelyhood but of life also and usurped a power to depose Prince and other Civill Magistrates as they pretended they had commission to kill them and to constitute new ones in their stead as they should thinke fit Such seditious and sanguinary Doctors as Luther called them did Satan stirre up under the pretext of Euangelicall liberty a liberty which in them admitted of no bounds being like the c. oath without bankes or bottome of no rule or order being carried on with a wild and giddy violence such as the great and pernicious impostor of the world prompted them unto though they vented their diabolicall illusions under the Title of Divine Revelations as the Prince of darknesse made them believe when he put on his holy-day habit the appearance of an Angel of light 2 Cor. 11. 14. 6. That the payment of Tithes where there are the fruits of the earth and increase of cattell out of which they may be raised is the most equitable way and meanes of maintaining the Minister since such a gaine is not onely harmelesse and without sinne for the manner of acquisition which we cannot say of pensions and exhibitions made up out of trade or traffique but such as may be most permanent and constant since whether the Tithe be lesse or more it is still proportionable to the other