Treatise which is here published for satisfaction to all that be truly pious and well-affected sons of the Church of England For his larger work of Tithes which he prepared long agoe it is also here added though in some few places imperfect and might have been better polished by his own hand if he had engaged himself upon it and desisted from his greater works so much desired by many eminently learned both at home and abroad yet rather then suffer the losse of such a testimony of his piety to God and good affection to uphold the setled maintenance of Gods House and Ministers to whom double honour is due Tim. 1.15 as the Apostle saith it is thought fit to publish it as he left it imperfect in some passages and defective of such ornaments and arguments as he could have added further out of his store and abundance though what he hath here delivered is so compleat as doth fully discover the ability of his judgement and that these reasons and illustrations produced by him could hardly have proceeded from any other Author being agreeable to his expressions style and arguments delivered in his other writings And at this instant it seems very necessary in regard the humour 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 theÌ„ 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 Numb 11.26 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 are as 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 â—l ad confess â—n Prooem 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 Westminst 1. 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 Esay 49.23 fully confirmed by Law and Parliament If these things had not been primarily due unto God by the rule of his Word yet are they now his and separate from us by the voluntary gift and dedication of our ancient Kings and Predecessors 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 Spelmans first Treatise § 5. cap. 28. inf 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
them lay or temporall Livings no the words of the Statute are That the King shall have them in as large and ample manner as the Governors of those houses had them c. So that though the Statute changed the owner of the thing yet it changed not the nature of the thing The Monasticall persons had them before as spirituall Livings and now the King must have them in as large manner but still as spirituall Livings and with much more reason might the King so have them then any other temporall men for as the Kingdome and Priesthood were united in the person of our Saviour Christ so the person of a King is not excluded from the function of a Priest though as Christ being a Priest medled not with the kingdome so they as Kings medle not with the Priesthood Yet by the Laws of the Land the King is composed as well of a spirituall body politique as of a temporall and by this his spirituall body he is said to be supream Ordinary that is chief Bishop over all the Bishops in England and in that his Ecclesiasticall or Spirituall authority doth many things which otherwise in his temporall he could not doe and therefore the Statute of 25 H. 8. cap. doth agnise the words In this part of his power W made Appropriations of Parsonages which otherwise he could not doe Coke p. 5. f. 10 authoritate nostra regia Suprema Ecclesiastica qua fungimur which the King useth in divers Charters touching spirituall causes doe testifie that he taketh upon him the execution thereof and therefore in this respect he may much better hold them then his lay subjects Neither is this authority of the King founded upon the Statute of H. 8. or any other puisne institution but deduced anciently from the very Saxon Kings as appeareth by many of their Laws and Charters wherein as supream Ordinary they dispose of the rights and jurisdiction of the Church delivering unto religious persons greater or lesser portion thereof according to their own pleasure and abridging and exempting other from the authority of the Bishops and Archbishops or any other Ecclesiasticall Prelate And in this respect it seemeth that the Chappell of the Kings house was in ancient time under no other Ordinary then the King himself for William the Conquerour granting all exemption to Battail Abbey granteth that it shall be as free from the command of any Bishops as his own Chappell Dominica Capella which as it thereby seemeth was under no other Bishop then the King himself But the Bishops agreed to the granting away of these Church Livings Object It is true that the Law accounteth the judgement of the major part to be the judgement of all but the Bishops cannot be said to have agreed unto it as being willing with it but as concluded by legall necessity and inference For though all the Bishops said nay yet the Lay Barons by reason of their number exceeding the Bishops were not able to hinder it and no man doubteth that in publique suffrages very many times major pars vincit meliorem therefore I neither accuse nor condemn the reverend Bishops herein for their voices though they had given them every one against the Bill were not able to hinder it Neither doe I think but that they being men of another profession unexercised in the elenchs of the Law were overtaken in the frame of words and thereby passed that away in a cloud which if they had perceived could never have been won from them with iron hooks But in this matter there being a question of Religion Whether Tithes be due jure divino or whether they could be separated from the Church it was not properly a question decidable by the Parliament being composed wholly of Lay persons except some twenty Bishops but the question should first have been moved amongst the Bishops by themselves and the Clergy in the Convocation house and then being there agreed of according to the Word of God brought into the Parliament For as the Temporall Lords exclude the Bishops when it commeth to the decision of a matter of bloud life and member so by the like reason the Bishops ought to exclude the Temporall Lords when it commeth to the decision of a question in Theology for God hath committed the Tabernacle to Levi as well as the kingdome to Juda and though Juda have power over Levi as touching the outward government even of the Temple it self yet Juda medled not with the Oracle the holy Ministery but received the will of God from the mouth of the Priest Therefore when Valentinian the Emperour required Ambrose to come and dispute a point of Arianisme at his Court he besought the Emperour that he might doe it in the Consistory amongst the Bishops and that the Emperour would bee pleased not to be present among them lest his presence should captivate their judgements or intangle their liberty § 1 That after the Appropriation the Parsonage still continueth spirituall It appeareth by that which is afore shewed and the circumstances thereof that the Appropriating of a Parsonage or the endowing of a Vicarage out of it doe not cut the Parsonage from the Church or make it temporall but leaveth it still spirituall as well in the eye of the Common Law as of the Canon Law for if it became temporall by the Appropriation then were it within the Statute of Mortmain and forfaited by that very Act. But it is agreed by the 21 Ed. 3. f. 5. and in Plowd Com. fo 499. that it is not Mortmain and therefore doth continue spirituall for which cause also the Ordinary and Ecclesiasticall Officers must have still the same authority over such appropriate Churches as they had before those Churches were appropriate Therefore in the year 1252. Robert Bishop of Lincoln by commission from Innocent 4. not onely enlarged the endowments that before were made to divers Vicarages as he thought good but endowed others out of those Appropriations that had no Vicarages endowed to the great discontentment of all the Approprietaries of that time as appeareth by Matth. Paris And therefore also the Statute of 15 R. 2. cap. 6. and that of 4 H. 4. cap. 12. that ordained that in Licences of Appropriation in the Chancery it should be contained That the Bishop of the Diocesse in every Church so appropriated should provide by his discretion that the Vicar were convenably endowed Divine service performed and a convenient portion of the fruits thereof yearly distributed to the poor of the Parish did but agnise and affirm the spirituall end whereto these Parsonages were appointed and the authority the Church had still over them notwithstanding such Appropriation commanding the Bishops to see it executed Neither doe I yet finde where this power is taken from the Bishops for the Statute that giveth these appropriate Churches to the King saith not that the King shall have them as temporall lands or discharged of the Bishops jurisdiction but that he shall
that Nicholas 2. doubted not to commit the government of all the Churches of England unto Edward the Confessor as by and by we shall more largely declare And the Kings of France being so likewise consecrated ever since the time of Clodoveus aliàs Ludovicus whom Saint Remigius Bishop of Rheimes both baptized and anointed about the year of our Lord 500. have from time to time in all ancient ages exercised the like Ecclesiasticall jurisdiction insomuch that Clodoveus himself being but newly entred into is doubted not to appoint a Councell at Orleans and to call thither the Bishops and Clergy of France but out of the motion of Priestly minde to use the very words of the Councell cōmanded the Priests meaning the Bishops to assemble there for debating necessary matters which in his own consideration he had advised upon and delivered to them in heads and titles and they having answered thereunto and framed the Canons of that Councell accordingly did submit them to his judgement and desiring if it approved them himself for greater authority would confirm them Tom. 2. Concil pag. 309. in rescripto Synodi The Kings of Jerusalem and Sicil were also anointed and endowed with Ecclesiasticall authority whereof we shall speak more anon for the right of both these Kingdomes resideth at this present upon the Kings of Spain who till the same came unto them were neither anointed nor crowned and though since that time they have been dignified with both these Prerogatives yet are they not so illustrious in them as in the Kings of England and France for that these are ancient Kingdomes raised by their own power and prowesse and those other of lesse continuance erected by the Pope and not absolute but Feodaries of his Sea And touching that of France also the meer right thereof resteth upon his Majesty of England though de facto another for the time possesseth it So that in this point of unction our Soveraign the King of England is amongst the rest of the Kings of Christendome at this day Peerlesse and transcendent and well therefore might William Rufus say that himself had all the liberties in his Kingdome which the Emperour challenged in his Empire Mat. Paris But I wonder why the Papists should so considently deny the Kings of England to be capable of spirituall jurisdiction when Pope Nicholas 2. of whom wee spake before in an Epistle to King Edward the Confessor hath upon the matter agreed that it may be so for amongst other priviledges that he there bestoweth upon the Church of Saint Peter of Westminster then newly founded by that vertuous King He granteth and absolutely confirmeth that it shall for ever be a place of Regall Constitution and Consecration and a perpetuall habitation of Monkes that shall be subject to no living creature but the King himself free from Episcopall service and authority and where no Bishop shall enter to give any orders c. Tom. Concil part 3. pa. 1129. a. In which words I note first that the Kings of England in those ancient days being before their Coronation meerly Lay persons were by their consecration made candidati Ecclesiasticae potestatis and admitted to the administration thereof for to what other purpose was Consecration ordained but to make secular things to belong unto the Temple and Lay persons to become sacred and Ecclesiasticall like Jacobs stone in the time of the Morall Law which presently upon the anointing thereof became appropriate to the House of God Secondly he plainly maketh the King head of this Monastery that is of the place it self and of all the persons and members therof which then by consequence he might likewise be of all other Ecclesiasticall persons and places through the whole Kingdome And even that also he granteth in a sort in the end of his Epistle Vobis posteris vestris regibus committimus advocationem tuitionem ejusdem loci omnium totius Angliae Ecclesiarum ut vice nostra cum concilio Episcoporum Abbatum constituatis ubique quae justa sunt So that if the Kings of England be pleased to execute this Ecclesiasticall authority as the Popes Vicar then by this his Charter they are invested therewith and peradventure the Clergy of Rome can never revoke it being granted posteris regibus and the Epistles of the Popes being as Barclayus saith of Nich. 1. to Michael the Emperour as an Ecclesiasticall Law Lib. de potest Papae ca. 2. pag. 13. But in the mean time it is hereby evident which I endeavour to prove that the Kings of England are justly capable of spirituall jurisdiction by the Popes own confession for which purpose onely I here alledge it And to give more life to the matter it appeareth by Baronius that Pope Vrbane the granted not onely as much in the Kingdome of Sicil to the King of Spain being the anointed King thereof but added also to that his Ecclesiasticall jurisdiction divers branches of spirituall power belonging meerly to the keys and not to the sword that is to the very function of a Bishop as namely that of Excommunication All which though Baronius impugneth mainly to be of no validity because that all things are void he saith that the Church doth against her self yet the King of Spain both holdeth and exerciseth this function and jurisdiction onely by the connivency of the Pope but defended therein by Cardinall Ascanius Colonna against Baronius But to leave forain examples and to goe on with our domesticall precedents It is manifest by other ancient Authorities Charters and Manuscripts that the Pope thereby granted no more to King Edward and his successors then the same King and his Predecessors before assumed to themselves For this Epistle could not be written to S. Edward before the end of his reign Nicholas not being Pope till then and in the Laws of the same King before that time published himself doth plainly declare himself to be Vicarius summi Regis not summi pontificis yea and that in the government of the Church For the words of his own Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 17. be these The King because he is the Vicar of the highest King is appointed to this purpose that he should rule his earthly Kingdome and the Lords people and should above all things worship his holy Church and govern it and defend it against them that would wrong it and to pull the evill doers out of it c. So that write the Pope what he will S. Edward here taketh upon him to have the rule and government of the Church of England committed to him from God and not from the Pope and to be Gods Vicar not the Popes wherein he imitated his predecessors for King Edgar speaking of the government of the Church saith in plain tearms that it belonged to himself ad nos saith he spectat And because Casaubon in citing this place out of the Manuscript is charged by Parsons to falsifie it and that it is or should be on the
contrary ad vos spectat scil Ecclesiasticos give me leave to defend that worthy man being now dead in whose behalf I must avow that the originall is plainly ad nos and not ad vos which lest it should seem either mistaken or questionable King Edgar himself doth manifestly clear it both by deeds and words for of his own authority he removed generally the Clerks of that time that were not professed out of the Monasteries and placed in their rooms Monks and regular persons as appeareth by his owne words in his Charter of Malmesbury Malmsb. pag. 58. l. 17. And also in the foundation Book of the Abbey of Winchester written all in golden letters wherein likewise he prescribeth the rules for the government of the religious persons there and saith that himself will look to the Monks and that his wife Aelfthryth shall look to the Nuns And lest it should seem that he had done this rather out of the will of a Prince then by just authority Hoveden and Historia Jornalensis doe testifie that he did it by the advice and means of Ethelwould Bishop of Winton and Oswald Bishop of Worcester So that the very Clergy of that time agnised executed and affirmed his jurisdiction herein which I will close up with a materiall sentence out of his Charter in Glastenberry extant in Malmsbury de gest Reg. li. 2. pag. 57. where the words be these Concessit etiam scil Edgarus ut sicut ipse in propria ita totius insulae causas in omnibus tam Ecclesiasticis quà m secularibus negotiis absque ulla ullius contradictione Abbas Conventus corrigeret that is King Edgar granted that the Abbot Covent of Glastenberry should correct or amend all causes as well Ecclesiasticall as secular within the whole Isle of Glastenberry as himself did within his own Isle namely of England So that the King here denounceth that himself hath the correction or ordering of all Ecclesiasticall causes within this his Isle And in further declaration thereof doth by that his Charter by and by after prohibit all Bishops from medling within the Isle of Glastenberry and lest he should seem to doe a new thing he closeth it up with this apology That his predecessors Cemwines Ines Ethelardus Cuthredus Elfredus Edwardus Ethelstanus Edmundus had all of them done the like and he might have added out of Bede l. 2. c. 7. that Cenwalch King of West-Saxon of his own authority divided the Sea of Agilbert his Bishop being a French man and of another language which he understood not and gave one part thereof unto Winus a man of his own Nation which though he were afterwards compelled by necessity and discontent of Agilbert to reunite yet his successor Inas divided them again and then they so continued Hen. Huntington l. 4. pa. 33. l. 49. It is true that ad majorem cautelam King Edgar required John 12. to confirme these priviledges lest any as he saith should in future time either take them away or throw out the Monks but himself had first done it of himself and the vigor that the Pope added to it was rather a fortifying of it with a curse against robbers and spoilers then an enlargement of the validity thereof as quickning thereby a livelesse body For so likewise may the Popes own authority be disputable insomuch as he also required the generall Synod then holden at Rome Anno 965. as Malmsbur saith to confirm it But the fashion of those times was that secular Princes sought sometimes to have their temporall Laws confirmed by the Pope with a curse against the breakers thereof as did Howell Dhae for those his Laws of Wales and in like manner was it usuall for Councels and Synods to seek the confirmation of their Canons from temporall Princes as did that of Orleans before spoken of from Clodoveus and the Councell of Toledo _____ from Euricus who made a speciall Law for establishing it as you may see in the Laws of the Wisegothes l. 12. tit 1. ca. 3. ut sic gladius gladium adjuvaret It may be objected that Edgar being the great King of this whole Isle for he styled himself totius Albionis basileus might usurp upon the Church and doe these things rather in the will of a Prince then by just authority It is manifest partly by that which I said before but plentifully by his Charters that the Clergy of that time were so far from denying or repining at this his jurisdiction that they affirmed and subscribed unto it as appeareth in his Charters And how large soever his Dominion was his humility was as great for though in matters of government he carried himself as the head Officer of the Church yet in matters of faith he was so obedient that to expiate his incontinency with a Nun he threw himself at the feet of Dunstan his Bishop submitted himself to seven years penance and presumed not to be consecrated till the 14. year of his reign But these things were no novelties either in the person of Edgar or in the Princes of those ages for the minor Kings themselves within the orbs of their own Dominion used the like jurisdiction as you may perceive by those cited by Edgar in the Charter of Glastenberry and by many other in particular Charters of their own Yea the Kings of Mercia that were but vassals and underlings to the Kings of West-Saxony within the limits of their little Kingdome used the same plenitude of authority as appeareth by the Charter of Kenulphus who lived about the year 850. made to the Abbot of Abingdon wherein he saith Sit autem praedict ' rus liberum ab omni regali obstaculo Episcopali jure in sempiternum aevum ut habitantes ejus nullius regis aut ministrorum suorum Episcopive aut suorum officialium jugo deprimantur sed in omnibus rerum eventibus ac defensionibus causarum Abbatis Abbindenensis Monasterii de caetero subjiciantur Term. Trinitat 1 H. 7. f. 18. b. And it is there said by the Judges fol. seq b. that many Abbeys in England had larger words then these in the Kings Charter as Omnimoda justitia quicquid regales potestates conferri possunt To leave the Saxon Kings and to come to the Normans that we may see by what channell this fluent of authority hath been deduced to his Majesty Lanfranc Archbishop of Canterbury in the Conquerours time would have given the Abbotship of S. Augustines but the new King saith the book i. William the Conquerour did deny it saying that he would conferre all Pastorall Staves in his Realm and would not conferre that power to any whatsoever Govern you saith he that which appertaineth to faith and Christianity among the Monks but for their outward service you shall let me alone with that You see here that the King doth not in covert manner or by little and little creep into Ecclesiasticall jurisdiction but with an absolute resolution whilest he yet stood as
c Kings ought not to invade the peoples possessions much lesse Gods Sp. 167. See Appropriations Mr. Richard Knightley St. 22. Knowledge Tree of Knowledge Gods part Sp. 98 John Knox his letter to the Generall Assembly Sc. 5. S LAnd some portion thereof to be given to God Sp. 2 c. Origen's opinion of Clergy-mens enjoying Lands Sp. 21 Lawfull See Unlawfull Lawes Humane Lawes ever imperfect often wicked must yield to the Law of Nature and of God Sp. 172 173. They may give a man jus ad rem not jus in re Sp. 173. Law of Nations what Sp. 113. Laws of our English Kings for payment of Tithes Sp. 129 c. Law of Nature What Sp. 94. What we learn thence of Gods Nature and the duties we owe to him Sp. 95. The Law of Nature oft better observed by barbarous people then civil Sp. 124. See Leviticall Learning by whom first planted in England Sp. 177 Levites how small a part of the Jewish Nation St. 14. yet how largely maintained St. 9 c. Of the land assigned them to dwell upon Sp. 2 c. Their service about the Tabernacle Sp. 33. about the Temple Sp. 35. Their divisions and offices Sp. 35 36. Provinciall Levites received Tithes as well as the Templar Sp. 37. See Provinciall Their portion far less then the Priests Sp. 57. They stood not charged with the cure of soules as Ministers now Sp. 58 Leviticall Law how far abrogated Sp. 111 Many Morall Precepts intermingled with it ibid. The frame of Leviticall ceremonies compared to Nebuchadnezzar's image Sp. 144. Leviticall rites of two sorts Naturall Adoptive Sp. 145 The Lords day when first observed Sp. 49 M MAn how furnished for the glorifying of God Sp. Introd What duties he oweth to God for his beneficence ibid. What portion of his time Sp. 1 What of his Land Sp. 2 c. What of his goods Sp. 3 c. Charles Martell the first Christian that offered violence to Tithes Sp. 31 Melchisedech thought to have been Shem Sp. 108. His story mystically expounded Sp. 104 c. Merchants and tradesmen ought to pay Tithes out of their gains Sp. 81. 131 Middest of the garden Gods place Sp. 98 Ministers called Priests by Isaiah Sp. 143. They receive much lesse then the Priests of old St. 9 c. 14. though they deserve much more St. 12 Sp. 58 c. Whether and how they may hold temporalties Sp. 24 c. They ought to have a plentifull and certain maintenance Sp. 55 56. Sc. 3. R. 24 25. A sufficient quantity of land Sp. 4. and a convenient habitation Sp. 6. How they were maintained in the Primitive ages of the Church Sp. 16 c. Their charge and pains how great Sp. 58 59. Their portion is not to be accounted the price of their Doctrine but the reward of their travell Sp. 59. A set Ministery is necessary Ap. 15. To deprive them of their maintenance is sacriledge Ap. 15. wors then putting them to death Sc. 2. They ought to doe their work though defrauded of their hire R. 26. Whether their Livings should be equall R. 10 11. Tithes no necessary cause of distraction and trouble to them R. 14.24 See Clergy Priests and Tithes Monasteries See Statute and Appropriations Money The rate thereof how uncertain St. 18. Sp. 131.153 R. 5. N NAture See Law Ninth part over and above the Tenth paid to the Clergy St. 15. Sp. 30. 91 Numbers Great mysteries attributed to them both by Heathens and Christians Sp. 68 c. O OBlations of Primitive Christians how employed Sp. 14 c. Offerings due to God by the Law of Nature Sp. 96. P PAradise a modell of the Church Sp. 97 c. See God Parish Churches stiled Tituli Sp. 10 Parliamentary power in Theologicall matters what Sp. 156 157. See Clergy Passover and other Feasts seem to have been but rarely observed Sp. 47 St. Paul's travels Sp. â—â— Pentecost why celebrated by Christians Sp. 150 Peoples mind how variable Sp. 56 St. Peter's travels Sp. 53 Polygamy though at first forbidden yet long permitted Sp. 46 Poor how carefully relieved by Christ Sp. 11. his Apostles Sp. 13. and the Primitive Christians Sp. 14 c. What discretion is to be used in considering their necessities Sp. 22. Who of old were wont to distribute Church goods unto them Sp. 23. They are Christs Proctors Substitutes Publicans to gather up his rents Sp. 78. How dear they are to God Sp. 97 Prayer a duty that we learn from nature Sp. 95 96. Price of things See Rate Priests before the Law Sp. 10. 42. 100. 108. The originall of Priesthood Sp. 42. 100. Priests of what dignity in antient times Sp. 100. Of their maintenance before the law Sp. 101 c. Priests maintenance among the Jews far larger then among Christians St. 9 10. Their courses appointed by David Sp. 35. 38. Their part much greater then the Levites Sp. 57. Ministers of the Gospel called Priests Sp. 143. The charge and pains of Leviticall and Evangelicall Priests compared Sp. 57-60 See Ministers Provinciall Levites of what learning dignity and authority in the Jewish Common-wealth Sp. 38 c. Psalme lxxxiii expounded against sacrilegious persons Ap. 13 Q Questions of Diuinity where and by whom to be decided Sp. 156 R RAte of money and commodities how various R. 5. See Money Reformation never perfect at once but accomplished by degrees Sp. 30. 46 c. Witness that hereunder Henry viii and Edward vi Sp. 170 c. Restitution of Impropriations to the Church it an act not of bounty but duty Sp. 169 S SAbbath by whom and why changed Sp. 111. Difference between the Jewish Sabbath and ours Sp. 148. There was more ceremony in the Sabbath then in Tithes Sp. 148 Sacrifices almost wholly neglected in the wilderness Sp. 47. The ground and reason of Sacrifices Sp. 145. why they were burnt Sp. 146. Seeing they were taught by the instinct of Nature Sp. 42. 95 96. Why are they abolished by Christ Sp. 144-147 R. 23. Sacrificing in the high places unlawfull yet for a time accepted Sp. 46 Sacriledge for bidden St. 7. Christ discoverred his zeal more against this sinne then any St. 16. No sinne tendeth more to the overthrow of Religion Sc. 2. Humane Laws against it St. 25. Sp. 155. 161. Wo to them that are guilty of it Sp. 82. 134-139 168. How it cometh to abound so much in Scotland Sc. 1 2 Scotland grievously overrun with Sacriledge Sc. 1. Rollock sharply inveigheth against it Sc. 4. and so doth Knox Sc. 6 Lord Scudamere Viscount Slego St. 26 Sr. James Sempill's Book of Tithes St. 4 Servants in some places pay Tithe out of their wages Sp. 80 Seven a mysticall number Sp. 113. No Simony in Ministers to receive maintenance from the people Sp. 59. Abolishment of Tithes no prevention of Simony R. 13. Souldiers ought to pay Tithes of their spoils Sp. 81. Heathen Souldiers have oft done so Sp. 114-120 Sr. Henry Spelman's worth
not be suddainly done nor compendiously written that belonged to the government of the Church therefore the Apostles left much to the wisedome of the Church under this generall Commission Let all be done in order 1 Cor. 14.40 a few words but of great extent like that of the Dictators at Rome which being but two words providere reipub gave them authority over every thing CAP. XI That upon the reasons alledged and other here ensuing the use of tithing was omitted in Christs and the Apostles time and these reasons are drawn one ab expediente the other à necessitate THe greater matters thus quailing as aforesaid it could not bee chosen but things of lesse importance must also be neglected especially such as were outward and concerned onely the body amongst which the use of Tithing was likewise discontinued both in the Apostles time and in the first age of the Law when the great ceremonies of Circumcision Sacrifice and Oblations the Passeover c. and many other holy rites were suffered to sleep But some will say When there shall be a place which the Lord God shall chuse to cause his name to dwell there thither shall you bring all that I command you your burnt-offerings and your sacrifices your tithes and the offerings of your hands and all your speciall vows which you vow unto the Lord Deut. 12.11 these things were not respited till then but appointed that then also they must bee performed for it is also said Exod. 12.21 When yee shall come into the Land which the Lord shall give you then ye shall keep this service i. e. of the Passeover which was done Ios 4.6 but yet I take this to be discharge of it in the mean time Quaere God strictly exacted not these things till the place he had chosen was prepared for them that is till the building of the Temple as it is true in part touching the old Law so is it likewise true in the new Law and that therefore Christ and the Apostles exacted not the payment of Tithes in the first pilgrimage and warfare of the Gospel but referred them amongst some other things till the Church were established for as Solomon saith Every thing hath his time and the time was not yet come that the Church should demand her owne lest with Martha shee seemed curious about worldly things rather then as Mary to seek the spirituall When the Kindome was rent from Saul and given to David David by and by sought not the Crown but life and liberty so the Priesthood being rent from Levi and given to the Church the Church by and by required not her earthly duties but as David did life to grow up and liberty to spread abroad for love saith Saint Paul seeketh not her own 1 Cor. 13.5 and should then the mother of all love the Church be curious herein especially when her necessities were otherwise so abundantly supplied Saint Paul maketh it manifest 1 Cor. 9. throughout where he sheweth that very much liberty and great matters were due unto him in respect of his Ministry yet he concludeth I have not used this power 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but on the contrary part suffered all things ibid. v. 12. and again v. 15. I have used none of all these things But why did he not use them since they were due unto him his reason is that we as though he spake in the name of all the Apostles should not hinder the Gospel of Christ ibid. v. 12. But why should the taking of that was due unto him hinder the Gospel because the malicious backbiters would thereupon report that he rather preached it for gain then of zeal and so abased his authority in the Gospel ib. 18. wheras by this course of taking nothing for his pains hee made it as he saith free ibid. and stopped their mouths Thus it is evident that the Apostles not onely neglected but absolutely refused even the things that they certainly knew to belong unto them Another reason why the Apostles received no Tithes drawn à necessitate The very condition of the Church in the time of the Apostles could not suffer them to receive Tithes for as the Levites received them not in their travell and ways but when they were setled and the Temple built so the Apostles being altogether in travel through all parts of the world and in continuall warfare with the enemies of the Gospel one while in prison another while in slight always in persecution much lesse could they look after Tithes which also were not to he paid as they needed them but at the times and places onely when and where they grow to be due and one that time came they that were to receive them were in another Countrey many hundred miles off for example the holy Ghost saith that Peter walked through all quarters Acts â— 32. one while at Lyddâ— ib. another while as Joppa ib. 〈◊〉 36. first at Jerusalem after at Antioch in Syria Gal. 2.11 then at Babylon in Aegypt * Many affirm that he was at Rome Metaphrastes and some other that he was here in Britannia Petri igitur muneris erat ut qui jam complures orientis Provincias praedicando euangelium peragrasset jam quod reliquum esse videbatur lustraret orbem accidentalem usque ad Britannos quod tradunt Metaphrastes alii Christi sidem annuncians penetraret Baron Tom. 1. f. 5 97. l. 13. Metaph. die 29. Junii 1 Pet. 5.13 Paul and Burnabas being at Antioch aforesaid or sent forth by the holy Ghost first to Seleucia in Syria then to Salamis and Paphus in the Isle of Cyprus after from thence to Berga in Bamphilia so to the other Antioch in Pisidia Acts 13. after to Iconiuâ—â— Lystria Derbe the parts of Lycaonia So again to Antioch in Syria thence to Jerusalem and presently back to the same Antioch where Paul and Barnabas breaking company Barnabas with Mark saileth to Cypras Paul taking Silas travelleth through Syria and Cilitâ—a confirming the Churches Then he commeth to the Countries of Phrygia Galatia Mysia from whence being called by the holy Ghost he leaveth Asia and passeth by Samothracia into Europe preacheth at Philippi a City of Macedonia furthest North-ward of all Greece then back again and up and down Asia to Jerusalem again and from thence at length to Rome Reade Acts 13.14 15 16. cap. I will not speak of that Theodoritus and Sâ—phroniâ—â— the Patriarch of Jerusalem affirm that after his first imprisonment at Rome he preached the Gospel to the Britaine 's our Countrymen for happily he might doe that at Rome But to come to the rest of the Apostles Bartholomew as Jerome witnesseth Catalog script Eccles Tom. 1. goeth to the Indians Thomas to the Medes Persians Hyrcanians and Bastrians Matthew up and down Aethiopia every one of them one way or other to carry one sound of the Gospel through all the world Psal 19. I ask now what these men should have done with their Tithes where
quarundum propositinum ex Ep. ad Rom. that they likewise should doe the same and thereupon S. Austin saith that in those things that concern this life wee must be subject to them that govern humane things But my meaning is that a temporall Prince cannot properly dispose the matters of the Church if he have not Ecclesiasticall function and ability as well as Temporall for I doubt not but that the government of the Church and of the Common-wealth are not only distinct members in this his Majesties kingdome but distinct bodies also under their peculiar heads united in the person of his Majesty yet without confusion of their faculties or without being subject the one to the other For the King as meerly a temporall Magistrate commandeth nothing in Ecclesiasticall causes neither as the supream Officer of the Church doth he interpose in the temporall government but like the common arch arising from both these pillars he protecteth and combineth them in perpetuall stability governing that of the Church by his Ecclesiasticall jurisdiction and that of the Common-wealth by his temporall For this cause as Moses was counted in sacerdotibus Psal 99.6 though he were the temporall Governour of the people of Israel so the Laws of the Land have of old armed the King persona mixta medium or rather commune quiddam inter laicos sacerdotes and have thereupon justly assigned to him a politique body composed as well of Ecclesiasticall jurisdiction as temporall like to that of David Jehosaphat Hezekias and other Kings of Juda who not onely in respect of their Crown led the Armies of the people against their enemies but as anointed with the holy oyle ordered and disposed the very function of the Levites of the Priests and of the Temple as you may read in their severall lives in the books of the Kings and Chronicles But the Kings of England have proceeded yet further in the gradations of Ecclesiasticall profession as thinking it with David more honourable to be a door-keeper in the House of God then to dwell in the tents of the ungodly that is to execute the meanest office in the service of God then those of greatest renowne among the Heathen and Infidels Therefore they have by ancient custome even before the Conquest amongst other the solemnities of their Coronation not only been girt with the regall sword of Justice by the Lay Peers of the Land as the embleme of their temporall authority but anointed also by the Bishops with the oyle of Priesthood as a mark unto us of their Ecclesiasticall profession and jurisdiction And as they have habenam regni put upon them to expresse the one so also have they stolam sacerdotii commonly called vestem dalmaticam as a Leviticall Ephod to expresse the other The reasons of which if we shall seek from the ancient Institutions of the Church it is apparent by the Epistle of Gregory the great unto Aregius Bishop of France Ep. l. 7. c. 111. that this vestis dalmatica was of that reverence amongst the Clergy of that time that the principall Church-men no not the Bishops themselves might wear it without licence of the Pope And when this Aregius a Bishop of France requested that he and his Archdeacon might use it Gregory took a long advisement upon the matter as a thing of weight and novelty before he granted it unto them But 22. years before the time of Edward the Confessor unto whom those hallowed vestures happily did belong with which his Majesty was at this day consecrated these dalmaticae Propter solennitatem Sp. S. Diaconi dalmaticis induantur Idem Decr. p. distinct 76. le Jejunio otherwise called albae stolae were by the Councell Salegunstadiens cap. 2. made common to all Deacons and permitted to them to be worn in great solemnities which the Kings of England also ever since Edward the Confessors time if not before have always been attired with in their Coronations And touching their unction the very books of the Law doe testifie to be done to the end to make them capable of spirituall jurisdiction for it is there said that Reges sacro oleo uncti sunt spiritualis jurisdictionis capaces the Kings being anointed with the holy oyle are now made capable of spirituall jurisdiction This ceremony of unction was not common to all Christian Kings for they being about Hen. 2. time 24. in number onely four of them besides the Emperor were thus anointed namely the Kings of England France Jerusalem and Sicil. The first English King as far as I can find that received this priviledge was Elfred or Alured the glorious son of noble and devout Ethelwolphus King of West-Saxony who about the year of our Lord 860. being sent to Rome was there by Leo 4. anointed and crowned King in the life of his father Witlasius Rex Merciorum subditus Ethelwolphi regis West-Sax Coronat Ingolf 856. l. 56. and happily was the first King of this Land that ever wore a Crown whatsoever our Chroniclers report for of the 24. Kings I speak of it is affirmed in ancient books that only four of them were in those days crowned But after this anointing Alured as if the Spirit of God had therewith come upon him as it did upon David being anointed by Samuel grew so potent and illustrious in all kindes of vertues as well divine as morall that in many ages the world afforded him no equall zealous towards God and his Church devout in prayer profuse in alms always in honourable action prudent in government victorious in wars glorious in peace affecting justice above all things and with a strong hand reducing his barbarous subjects to obedience of Law and to love equity the first learned King of our Saxon Nation the first that planted literature amongst them for himself doth testifie in his Preface to Gregories Pastorall that there were very few on the South-side Humber but he knew not one on the South-side of the Thames that when he began to reign understood the Latine Service or could make an Epistle out of Latine into English c. He fetched learned men from beyond the Seas and compelled the Nobles of his Land to set their sons to school and to apply themselves to learn the Laws and Customes of their Country admitting none to places of Justice without some learning nor sparing any that abused their places for unto such himself looked diligently He divided the Kingdome into Shires Hundreds Wapentakes and them again into Tithings and free Bourghs compelling every person in his Kingdome to be so setled in some of those free Bourghs that if he any way trespassed his fellows of that free Bourgh answered for him The memory of this admirable Prince carrieth me from my purpose but to return to it his successors have ever since been consecrated and thereby made capable of spirituall jurisdiction and have accordingly used the same in all ages and thought by the Pope to be so enabled unto it
it were but upon the threshold of his Kingdome and might justly fear some notable transmutation in discontenting his Clergy the halfe arch of his Kingdome even then hee forbare not to contest with them upon points of jurisdiction confining theirs unto matters of faith and extending his own to the uttermost limits of the outward government of the Church But because his hand and his seal doe more authentically enforce credit then the report of Authours and Historians see what he assumeth in his Charter of foundation of the Monastery Sancti Martini de bello commonly called Battail Abbey for that he built it as Romulus did the Capitol in the place where he overcame his enemies In this Charter he granteth that That Church shall be free from all servitude and from all things whatsoever mans invention can imagine and commandeth therefore that it be free from all government of Bishops neither shall the Bishop of Chichester though it be in his Diocesse make any Ordinations there nor grieve it in any thing nor execute any kind of government or authority there but that it be as free saith he from all his exactions as my own Dominicall or Demesne Chappell The Abbot shall not be compelled to goe to the Synod nor forbidden to promote his Monks to holy Orders where himself listeth nor he or his Monks to require what Bishop they will to consecrate Altars c. And this also by my Regall authority I ordain that the Abbot shall be Lord and Judge of all things in his own Church and within one league round about it c. see the Charter at large Here it appeareth that this victorious King Will. 1. took himself to have Pallium Ecclesiasticae jurisdictionis the fulnesse of Ecclesiasticall power and as the supream Magistrate thereof not only abridgeth and revoketh the jurisdiction of other Bishops within this place as of the Archbishop of Canterbury and the Bishop of Chichester but disposeth the same according to his owne pleasure namely to the Abbey of Battail with so great enlargement of priviledge and authority as no Bishop of the Kingdome hath the like Free from all servitude and from all things whatsoever mans invention can imagine are exquisite words of priviledge and how far they might stretch at those times when the profession of our Laws was not a science into Regall or Canonicall jurisdiction I cannot judge but I know by Staffords case 1 H. 7. f. 18. they will now bee restrained with many exceptions So likewise that the Abbot shall not be compelled to come at Synods or to take Ordinations for his Monks or Consecration of Altars c. from the Bishop of his Diocesse Nec aliquis Episcoporum in Dioecesi collegā suum super-grediatur Con. Carthag c. 19. Burchard li. 1. ca. 64. are directly against the Decrees of the Church Canons Synods and generall Councels As also it is that hee should be Judge of things in his own Church and the circuit assigned which though here it bee but a league I see not but he might as well have made it ten if it had pleased him and by consequence a County or Province And lest the King should seem to have done this by some indulgence from the Pope or connivency of his own Clergy he saith expresly that he doth it by his Regall authority and that not closely or under-hand but Episcoporum Baronum meorum attestatione And to declare how far the Clergy of that time was from repining or impugning this his jurisdiction the Archbishop of Canterbury the Bishops of Chichester Winton and Worcester are witnesses to the Charter and denounce a curse against the breakers thereof One other thing also is worthy of note that the Kings Demean Chappell seemeth by this not to be within the jurisdiction and Diocesse of any Bishop but exempt and as a Regall peculiar reserved onely to the visitation and immediate government of the King or such as it pleaseth him to substitute for the Archbishop of Canterbury hath no jurisdiction there by his own confession ut pat Hoveden l. 4.7 pa. 547. William Rufus in like manner told Anselme Archbishop of Canterbury that no Archbishop or Bishop of his Kingdome should be subject to the Court of Rome or to the Pope Quòd nullus Archiepiscopus vel Episcopus regni sui saith Mat. Paris curiae Romanae vel Papae subesset And because Anselm asked leave of him to fetch his pall from Pope Vrbane at Rome hanc ob rem saith Mat. Paris à rege majestatis reus postulatur he is called in question of High Treason and Gundulphus Bishop of Rochester and very many other Bishops approved the accusation In vita Will. 2. p. 17. 18. Malmsbery reporteth that his offence was for appealing to the Pope in matters between the King and him but he agreeth that all he had was confiscate and himself banished by consent of the Bishops and he addeth further that being after recalled into the Kings favour upon a new difference between the King and him he appealed the second time to Pope Vrbane and without the Kings licence would go thither for which cause his whole Bishopricke and goods were reseised into the Kings hands and he exiled And though the Pope threatned to excommunicate the King if he restored him not and the Councell then holden at Rome stormed much at the matter yet Anselm continued in that plight during the lives both of the King and the Pope Malmsb. de gest Pontif. li. 1. pa. 221 c. FINIS
to the husband-man out of which he paid two tithes 590 Bushels were the first Tithe paid to the Levites 59 Bushels the Levites paid the Priests which was called the Tithe of the Tithes 5310 Bushels remained to the husband-man out of which he paid his second Tithe 531 Bushels were the second Tithe 4779 Bushels remained to the husband-man as his own all being paid 1121 Bushels are the sum of both Tithes joyned together which is above a sixt part of the whole namely nineteen out of an hundred So that of sixe thousand bushels the Levites had in all 1063. whole to themselves the Priests 159 and the husband-man onely 4779. He yearly thus paid more then a sixt part of his increase besides first-fruits almost a fifth many of no small name grossely skip in reckoning these kindes of their Tithes saith Mr Selden Observe how much saith Chrysostome In Epist ad Philip. Tom. 4. Edit Savil. speaking of the great maintenance of the Levites the Jews gave to their Priests and Levites as tenths first-fruits then tenths again then other tenths and again other thirtieths and the sicle and yet no man said they eat or had too much The Rabbins also reckon 24. gifts to the Priesthood according as they are set down both by Rabbi Bechai and R. Chaskoni on Numb 18. and so Jarchi on Gen. 29.34 and in Talmud in the Massech Cholin 133. f. 2. pag. in this order i. The twenty four gifts of the Priesthood were given to the Priests twelve at Jerusalem and twelve in the borders the twelve that were given in Jerusalem are these the sin-offering the trespasse-offering the peace-offerings of the Congregation the skins of the holy things the shew-bread the two loaves the omer or sheaf the remainder of the meat-offerings the residue of the log or pinte of oyle for the Leper the oblation of the thanksgiving the oblation of the peace-offering the oblation of the Ramme of the Nazarite And these following are the twelve that were given in the borders the great heave-offering the heave-offering or oblation of the tithe the cake the first-fruits the first of the fleece the shoulder the two cheeks and the maw the first-born of man the first-born of the clean beast the firstling of the Asse the dedications or vows the field of possession the robbery of the stranger Lev. 6.5 Numb 5.7 8. These are the 24. gifts that belonged to the Priesthood But among these there is no mention of the first-born of any unclean beast but onely the Asse and no mention at all of the tithe of cattell M. Nettles pag. 120. Thus a learned Author observeth out of the Rabbins All these severall tithes oblations and duties were paid not deducting nor accounting their charges and labour of the husbandman and yet they among their aphorismes both divine and morall doe tell us that as the Masoreth is the defence of the Law so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Maighsheroth seag Laighsher that is tithes paid are the defence of riches so God promised Mal. 3. Bring ye all the tithes into the Store-house that there may be meat in my house and prove me herewith saith the Lord of hosts if I will not open you the windows of heaven and pour you out a blessing that there shall not be room enough to receive it And one notes that at this day when they have no Temple nor Priesthood Qui religiosiores sunt inter Judaeos loco decimarum eleemosynam pendunt de omnibus lucris decem aureos de centum centum de mille as Mr Selden observeth in his Review cap. 2. Yea they paid not onely their tithes but their first-fruits also wherein they were so liberall in some ages that even from the abundance of first-fruits paid by the owners to the Priests there was not a Priest in the 24. courses of them but might be accounted a very rich or largely furnished man as Mr Selden observeth out of Philo and that they prevented the officers in demanding of them paid them before they were due by Law as if they had rather taken a benefit then given any both sexes of their own most foreward readinesse in every first-fruit season brought them in with such courtesie and thanksgiving as is beyond all expression whereas in these times under the Gospel the Priesthood is far more excellent then that of the Law and the Clergy deserves infinitely more then the old Priests and Levites whose employment is not to light candles snuffe lamps set bread upon the table kindle fire put incense at the Altar to kill slay and hew beasts in pieces but have incumbent onus even Angelis formidabile if men would rightly understand what they undergoe or others value what these sustain They have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the souls of men which is an office no temporall satisfaction can countervail accountable to God for themselves and others Their study labors after long and chargeable education in reading watching preaching praying visiting the sick are fully expressed by this learned Author cap. 14. Yet the husband-man payeth now but one tenth to the Clergy and no particular tithe for feasts or to the poor or other uses as the Israelites did Decimae Philippo Regi Francorum in oppugnatiotem Saladani Mahometani principis concessae erant Nujusmodi etiam obtinuit Rex Angliae Richardus 1 â—testatur Matth. Paris in Anno 1189. ab templis istis posteri saepe Reges Annatas sive primitias Bonifacius Papa benefitis Ecclesiasticis primus imposuit circa annum 400. sunt tamen qui hoc inventum Iohanni 22. scribant hanc autem consuetudinem omnes â—misere praeter Anglos qui id de solis Episcopatibus â—ncessere in caeteris beneficiis non adeo Platina Iodie fisco penduntur non tantùm ex Episcopatius verùm etiam ex beneficiis quibuslibet Ecclesiticis annui valeris 10. marcarum Vicariisque 10 â—b nec minores sane quà m unius anni fructus â—tegri juxta tabulas Regias aestimandos Glossariâ—m Spelin in Annatis But the Clergy now besides out of their smal receits bear the burden of tenths and first-fruits to the value of thirty thousand pounds yearly imposed on them lately whereas tenths were not annually paid before the 26 H. 8. which Statute was repealed by Q. Mary but at some times but they were a Popish invention at the first and onely of late years though now continued yearly and further charges imposed in taxes to the poor and subsidies to the publique in a greater proportion then by the Laity provision of arms also though their tithes and dues are abated and cut short more then anciently not onely by fraud and false payment but also by unconscionable small rate-tithes and customes almost most in every Parish And also many great estates wholly discharged of tithes as Cistercian lands and those of the Templars and Hospitalers who had thirty thousand manours in Christendome whereof a great part were in England by the Popes
pretended priviledges and exemptions though we abhorre and detest the Pope yet for our profit we make use of his Buls and authority all which losses and charges are not to be forgotten though we submit under them patiently as our Saviour Christ did to pay tribute when it was not due Mat. 17. And this we yeeld unto further though we have lost almost all the ancient priviledges and immunities which were formerly granted to the Clergy which were given that they might be encouraged to attend their studies without distraction or avocation by secular troubles The ancient Kings and Parliaments allowing many freedomes from severall services impositions and taxes as appears by many Laws and Charters Tom. 1. Coucil Britan. in the first Tome of our English Councels see the title De libertatibus Ecclesiae and by Lord Coke in the second of his Institutes upon Magna Charta pag 3 4. where he reckoneth up many priviledges and how Ecclesiasticall persons ought to be quit and discharged of tols and customes as avirage pontage paviage and the like from distresses by Sheriffes and many others but as he there confesseth they are now lost or not enjoyed though anciently they had more and greater liberties then other of the Kings subjects but now no men are more burdened with taxes and impositions that we are become in the sight of too many men as the filth of the world and the off-scouring of all things as the Apostle complaineth 1 Cor. 3. And whereas this Author sheweth ca. 3. how the habitation of the Minister should be as becommeth students and men of contemplative life under their own command and solitary It now happens that no mens habitation is more troubled with vexations and souldiers quartered upon them Besides the Priests and Levites had the ransomes of the first-born both of man and beast great benefit by severall kinds of sacrifices and head money paid yearly and many other perquisites Exod. 30.13 and to what a sum saith Philo these might amount may be guessed by the populousnesse of the Nation and further they had 48. Cities set out by Joshua cap. 21. for their habitations and two thousand cubites about them Numb 35.4 5. No Tribe but the royal Tribe of Juda had so many Cities allowed to them as Jos 15. 21 each cubit being a full yard besides one thousand next the wals for their cattell whereunto were added 20. cities more in processe of time when the number of the Tribe was increased greatly as this Author sheweth ca. 3. And all this they had though the Tribe of Levi was not near a tenth part of the people which yet is an errour that hath possest some great Names as M. Selden well observeth they thinking there was such a proportion of the Tithes and the receivers and have rested therefore fairly satisfied in this that the Levites being one of the 12. Tribes had the tenths as a competent maintenance to themselves being near the tenth that is being the twelfth part of the people as if arithmetically the people and the revenues had been divided but long since the sleightnesse and falshood of this fancy hath been discovered And clearly had such a proportion of persons and the name of tenth held yet examine all that was paid to the Priests and Levites in first-fruits and the severall prediall tenths onely and it will be neer a fifth part to omit the Cities and suburbs but for proportion betwixt the tithes wee have sufficient testimony in holy writ that it was far otherwise for they were onely about a threescore part of the people Num. 1. 3. And so Bellarmine sheweth Tom. 2. de clericis cap. 25. Jam igitur addendo Levitas caeteris Hebraeis dividendo totum numerum per viginti duo millia efficiuntur partes divisae sexaginta Ergo Levitae non erant pars tertia decimae sed vix sexagesima totius populi A pitiful wonder it is to see learned men alledge such reasons as Sir James Sempil saith p. 23. It is to no purpose to look after any such thing I rest in this saith M. Selden that it pleased the Almighty so to enrich that Tribe which was reserved onely for the holy service in the Temple why he did so or with what proportion let him for me examine who dare put their prophane fancies to play with his holy text and so most impudently and wickedly offer to square the one by the other Review cap. 2. Now because the Israelites were thus bountifull to their Priests and Levites therefore the Christians in succeeding times gave not onely many rich gifts and grants in lands and severall oblations but also for the continuall support and maintenance of the Clergy by tithes Concil Valentin Anno 855. Com. 10. Tom. 3. Concil they made Laws that every one should pay a ninth part besides their tenths that so they might be sure to pay more then a tenth with an overplus rather then come short by any lesse quantity and much to that purpose the learned Grotius sheweth De jure belli ac pacis li. 1. ca. 1. § 17. Lex vetus de Sabbatho altera de decimis monstrant Christianos obligari nec minus septima temporis parte ad cultum divinum nec minus fructuum decima in alimenta eorum qui in sacris rebus occupantur aut similes pios usus seponunt But this is more fully proved by the learned Spelman in his Glossary Nonae quas pii ex propensiori in Deum animo dabant ultra decimas Quod plurimis Ll. allatis probat explicat Glossar Dni Spelm. where he alledgeth and explicateth severall Laws of divers Kings which are too many to be here recited but shall be produced in due time and place Now if any motives will effectually encourage men to pay their dues with a liberall hand and eye or deterre the hearts of worldly men from keeping back prophaning or taking away that which hath been setled given and granted by Laws divine and humane it must be the actions and examples of our Saviour Christ himself who plainly discovered his zeal against sacriledge and prophaning of holy things and places more then against any other sin For when he began to execute his Propheticall office and reproved all kind of sins among the people yet he proceeded to punish not any save onely sacriledge which is very remarkable He refused to be Judge in dividing the inheritance between the two brethren and he would give no sentence against the woman taken in adultery but in case of sacriledge himself made the whip himself punisheth the offenders himself overthroweth the mony tables and driveth out the prophaners out of the Temple with their sheep and their oxen not suffering the innocent doves to remain though all these were for sacrifice and but in the outward Court-yard of the Gentiles such was his zeal as himself refused not to be the accuser the Judge and the executioner and this not