Jude saith v. 9. that Michael and the Devil strove for the body of Moses yet the Old Testament noteth no such thing how then came they by these instructions Surely by books that are perished or by inspiration or by relation of others and doubtlesse the ancient Fathers came to the knowledge of many things by all these ways First by books that be perished for it is manifest by Eusebius Jerome Gennadius and others that the ancient Fathers saw many thousands which are not now extant If by inspiration the holy Ghost that was sent down upon the Apostles and passed from one to another returned not by and by to heaven but remained actually amongst the Fathers of the Primitive Church and therefore what they generally taught is carefully to be kept But if they received these things by Tradition the very Tradition of those first ages of the Church are much to be received for all that time no doubt infinite speeches and actions of Christ and the Apostles whereof many were collected by Ignatius and Papias as Jerome reporteth but now lost were then fresh in the mouths of every man as not onely the Fathers of that time doe abundantly testifie but our own experience also induceth us to conceive for doe not we our selves hear and beleeve many things to be done in the time of King Hen. 8. that never yet were written nor like to be CAP. XX. Ancient Councels and Canons for payment of Tithes THe Canons attributed to the Apostles come first in rank to be mentioned yet I will not insist upon them Neither doth Bellarmine as they are now published maintain them to be the children of those Fathers Yet can it not be denyed that the first 35. of them are very ancient and neer the time of the Apostles for Dionysius Exigu that lived within 400. yeares of the Apostles translated them out of Greek as received long before in the Eastern Church The fifth of those Canons ordaineth that all other fruit should be sent as first-fruit and tithe home to the house of the Bishop and Priests and not to be offered upon the Altar adding further that it was manifest that the Bishops and Priests did divide it to the Deacons and the rest of the Clerks And though the Greek copy in this place calleth not these fruits 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tithes yet the Canon seemeth to bee meant thereof for other fruit none was to be carried to the house of the Bishop or to bee divided amongst the Priests and the Deacons save offerings tithes and first-fruits therefore the old Translation of the Canons out of Zonaras expresseth it tithe and first-fruits And this fashion here received of sending these things to the house of the Bishop and his dividing of them among the Priests and Deacons sheweth the great antiquity of this Canon for it appeareth that the first usage was so and that the Ministers had menstruam sportulam every month a basket of the offerings and tithes for their maintenance whereupon they were called Clerici sportulantes i. basket Clerks Vid. Cyprian Epist 34. 66. Baron anno Ch. 57. Num. 72. 145. anno 58. Num. 89. And the people then offered accustomably to the Altar and for the maintenance of the Priests Concilium Agrippinenese cap. 6. Anno 356. first decreeth that Tithes shall be called Dei Census Gods rent and reciting that the third part thereof as was declared in the Toletan Councell belonged to the Bishops yet according to the Roman use they agreed to take but every year the fourth part which upon excommunication they commanded to be paid Burchand lib. 3. ca. 135. Concil Romanum 4. sub Damaso Damas pa. patrim adiit 367. about the year 375. amongst the Decrees thereof it is ordained ut decimae atque primitiae à fidelibus darentur qui detrectant anathemate feriantur that tithes and first fruits should be paid by the faithful Concil Aurelianense 1. sub Symmacho An. 507. Can. 17. decreeth that the Bishops shal have every year the fourth part or every fourth year the whole tithe Tom. 2. Con. Concilium Tarraconense sub Hormisda An. 517. Can. 8. juxta Burchandum 9. juxta Bin. saith that it was an Order antiquae consuetudinis that the Bishop should have the third part of all things yeerly and therefore willed it still to be kept Burchard lib. 3. Ca. 33. Bin. Tom. 2. Conc. Concilium Mediomatricis Anno willeth the Bishops to reprove prohibeant them that would not pay Tithe without some reward be given them Bur. l. 3. C. 134. Concilium Toletanum Anno 533. divideth all Church rights into two sorts of oblations one to be those that are offered i. e. given to the Parish Churches as Lands Vineyards bond-men c. and willeth that these should be wholly in the ordering of the Bishops The other to be those of the Altar whereof it commanded the third part to be carried to the Bishop and two parts to be for the Clerks And of Tithes it saith that according to some the third part yearly or every third year the whole was so paid But that they following the manner of the Roman Church decreed that the Bishops should have every year the fourth part or every fourth year the whole tithe Burchard lib. 3. C. 136. Bin. paulo aliter Tom. 1. In a collection of Canons of an uncertain Author in the Vatican Library this is attributed to Sylvester who was Bishop of Rome 315. Binnius in a note upon this Canon somewhat differeth in words Concilium Matisconense 2. sub Pelagio 2. Anno 588. affirmeth Tithes to be due by the Laws of God Hoc confirm Con. Hispalens Tom. 2. Et approbat per Gualter Hospinian de origin honorum ecclesiae ca. 3. p. 123. that the whole multitude of Christians kept those Laws very warily of long time that by little and little they were in those days almost wholly neglected And this Councell decreeth that the ancient usage of the faithfull should bee revived and that all the people should bring in their Tithes to them that ministred the ceremonies of the Church c. otherwise to bee excommunicated Tom. 2. Con. Concilium Hispalense sub Gregorio 1. Anno 590. concludeth thus That if any mantithe not all these things viz. before named he is a spoiler of God a thief and a robber and the cursings that God put upon Cain for his deceitfull dividing are cast likewise upon him Ivo p. 2. 174. Tom. 2. Concil Concil Valentinum sub Leone 4. Anno 858. ca. 10. That all faithfull men should with all readinesse offer their ninths and tithes to God of all that they possesse c. upon perill of excommunication Tom. 3. Con. Concil Rothoma cap. 3. nameth particularly what ought to be tithed and commandeth to doe it upon pain of excommunication Burchard li. 3. ca. 130. and annexeth the Councell Mogunt ca. 38. Concil Cavallon ca. 18. Anno 813. That Bishops Abbots and religious persons should pay
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
goods but as Abraham did also to Melchisedek present unto them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the very top and chiefest part thereof following Abraham in offering the fat and abhorring to give the carrion things unto God like the sacrifice of Cain And that it may be no disgrace to the honourable Ministers of the Church to live thus ex sportula let me note by the way that the Kings and Princes of the world are likewise said to live ex sportula for their Exchequer or Treasury hath thereupon the name of Fiscus which word as appeareth by Ascanius is all one with sportula Strigelius in leg lib. 2. pag. 307. Fisci fiscinae fiscellae saith he sportea sunt utensilia ad majoris summae pecunias capiendas unde quia major summa est pecuniae publicae quà m privatae factum est ut fiscus pro pecunia publica inde confiscare dicatur a little before he saith Sportae sportulae sportellae munerum sunt receptacula And let me also remember that in the Easterne Empire the Master of the Store-house and Wardrobe as well Palatine as Ecclesiastical was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Codin p. 5. Suidas and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a Canistro vel Sportula Touching Lands though the Churches at this time had little yet were they not altogether without any as appeareth partly by that which Eusebius reporteth of Paulus Samosatenus that under Aurelian the Emperour i. e. about the yeare 274. he wrongfully invaded an house belonging to the Church of Antioch But more amply by the edict of Licinius Apud Euseb l. 10. ca. 5. and Constantine where it is expresly commanded that all Lands and places which belonged to the Christians as well for their publique use as in their private possession that had been taken from them in the persecution of Dioclesian should be restored to them Platina saith that Vrbane Bishop of Rome anno 227. first instituted that the Church might receive Lands and possessions offered by the faithfull and then sheweth to what end she might enjoy them namely that the Revenues thereof should be distributed by portions to every man and that no man should have them to his particular benefit Vrbane himself in the Decretall Epistle attributed unto him affirmeth this usage to be more ancient saying also that the Bishops within their Diocese and other faithfull persons appointed by them both did and ought to distribute these Revenues in manner before mentioned adding further that they were called the oblations of the faithfull for that they were offered unto God and that they ought not to be otherwise employed then to Ecclesiasticall uses the relief of Christian brethren living together in common and of the poor people for that they are the vows of the faithfull the price of sin the patrimony of the poor and delivered over unto the Lord for the performance of this work Many account this Epistle Apocryphall I will therefore strengthen it with the opinion of Origen a Father of those times who in his 16. Homily upon Genesis disputeth it to be utterly unlawfull for the Ministers of the Gospel to possesse any Lands to their own use for so I understand him confessing himself not to be faultlesse herein and therefore exhorting others to joyn with him in Reformation thereof he saith Festinemus transire à sacerdotibus Pharaonis let us make haste to depart from the Priests of Pharaoh who enjoy earthly possessions to the Priests of the Lord who have no portion in earth for that the Lord is their portion fol. 26. col 3. And to shew to what end the Church enjoyeth her goods and in what manner they ought to be divided amongst her Ministers and poor children in his 31. Homily upon Matthew he saith Opus habemus ut fideles simus pariter prudentes ad dispensandos ecclesiae reditus c. It behoveth us to be faithfull in disposing the rents of the Church Faithfull that we our selves devour not those things which belong unto the widows and that we be mindfull of the poor and because it is written The Lord hath appointed that they which preach the Gospel 1 Cor. 9.14 should live of the Gospel that we therefore take not occasion to seek more for our selves then our simple diet and necessary apparell retaining a greater portion to our selves then that we give to the brethren that are hungry and thirsty and naked and which suffer necessity in secular affairs Discreet as to minister to every man his portion according to his rank and dignity remembring that which is said Blessed is he which considereth the poor and needy Psal 41. for it is not sufficient for us simply to give away the goods of the Church so to keep our selves clear from devouring or stealing of them but we must wisely consider every mans necessity how he falleth into it what his dignity is how he came by it how much he needeth and for what cause he needeth it We must not therefore deal alike with them which were pincht and hardly brought up in their infancy and with them who being nourished delicately and plentifully are now fallen into necessity Neither must we minister the same things to men and to women nor like quantity to old men and young men nor to sickly young men that are not able to earn their living and those which have somwhat of their own to maintain themselves withall It must also be considered whether they have many children and whether those children be idle or industrious and how far forth they are insufficient to provide for themselves to bee short there is great wisdome required in him that would well dispose the Revenues of the Church and that by being a faithfull and discreet disposer hee may become an happy man Thus far Origen to which purpose Cyprian also in his Epistle to Eucratius lib. 1. Epist 10. sheweth that the Church maintained many poor and that her own diet was frugalioribus innocentibus cibis sparing and plain and all her expence sumptibus parcioribus quidem sed salutaribus full of frugality but sufficient for health The persons by whom this distribution of Church goods was made were chiefly the Bishops as appeareth by the former Epistle of Vrbane and Deacons appointed under them as in the times of the Apostles Acts 6. Therefore Origen in his 16. Homily upon Matthew fol. 31. col 4. taxing the unfaithfull Deacons saith Diaconi autem c. But the Deacons which govern not well the tables of the Ecclesiasticall money that is the goods and Revenues of the Church but doe always purloin them not distributing that which they give according unto judgement and so become rich by that which belongeth unto the poor they are the Exchangers whose Tables Christ will overthrow For the Apostles in their Acts teach us that the Deacons are Governours of the Tables of Ecclesiasticall moneys or Revenues c. and again after unusquisque diaconorum Every one of
ea quae pertinent ad ecclesiam vel ex agris vel ex alia qualibet Ecclesiastica facultate sibimet usurpent ita ut ex hoc affligantur quidem pauperes criminationi verò blasphemiis tam sermo praedicationis quà m hi qui dispensant taliter exponantur hos oportet corrigi sancta Synodo id quod condecet approbante Prosper proceedeth further and will not suffer that a Minister able to live of himself should participate any thing of Church goods Nec illi qui sua possidentes c. For saith he They which have of their own and yet desire to have somewhat given them of that whereon the poor should live doe not receive it without great sinne The holy Ghost speaking of Clerks or Clergy-men saith They eat the sins of my people But as they which have nothing of their own receive the food they have need of and not the sins so they which have of their own receive not the food which they abound with but the sins of other men Therefore though the Councell of Antioch An. 340. Can. 25. ordained that the Bishops might distribute the Church goods yet would it not suffer them to take any portion thereof to the use of themselves or of the Priests and brethren that lived with them unlesse necessity did justly require it using the words of the Apostle 1 Tim. 6.8 habentes victum tegumentum his contenti sumus having food and raiment let us be there with contented And decreed further that if the Bishops should not be satisfied but did employ any goods of the Church to their kindred brethren or children they should answer it at the next Synod So likewise touching Priests as the words subsequent imply and as Achilles Statius expoundeth it pag. 14. for the Priests at that time had nothing but by the assignment of the Bishops and if the Bishops themselves might take no more then onely for their necessity we may easily judge what the inferiour Clergy might doe But Gregory looking upon 2 Thess 3.7 8. where it is said You ought to follow us we take no bread of any man for nought and that he which will not work should not eat applieth these to the Clergy and concludeth that though such kind of Ministers have never so much need yet they must not participate the food of their function or Church Revenues for saith he Pensemus cujus damnationis sit c. let us think with our selves how great damnation it is to receive the reward of labour without labour Behold we the Clergy live of the oblations of the faithfull but what doe we labour to get the goods and cattell of the faithfull doe we take those things for our wages which the faithfull have offered for the redemption of their sins and doe we not earnestly labour as we ought to doe against those sins by industry of prayer and preaching For the next Ages of the church Note what the Authour intended further will bee supplied by himselfe in the 20. chap. following collecting out of divers Councels severall canons touching tithes but for our owne church of England he doth abundantly expresse himself in his first Tome of our English Councels out of which see the collections here following cap. 27. and much also may be observed out of Mr Selden in his History c. 6. where he sheweth when Tithes began to be commanded by Laws and Synods and withall giveth the reason out of Agobardus a very learned Bishop of Lions as he truly saith of him why Councels did not at first make canons touching Tithes and gifts to the church which Agobardus speaketh touching generall Councels but Provinciall Councels did frequently command them as will appear by the collections following here cap. 20. Agobardus words are considerable in his Book De dispensatione contra sacrilegos p. 176. Jam verò de donandis rebus ordinandis ecclesiis nihil unquam in Synodis constitutum est nihil à sanctir patribus publicè praedicatum nulla enim compulit necessitas fervente ubique religiosa devotione amore illustrandi ecclesias ultro aestuante c. Concerning giving of goods and endowing of churches nothing hath over been decreed in Councels nothing publickly promulgated by the holy Fathers for no necessity required it the religious devotion and love of beautifying the churches every where abounding of their owne accord At first religious christians sold all their lands Acts 4.34 35. goods houses and possessions laying down the money at the Apostles feet Acts 2.45 and long after the Apostles time devotion and zeal in this kind was so fervent that there was no need of laws but when this zeal began to waxe cold in the next Ages following then laws and canons were made more carefully for Tithes and maintenance Many Kings and Princes also were so pious and carefull that the full tenth should be paid that they made severall lawes to pay a ninth part that so they might bee sure to pay more rather then lesse then a tenth Ex propensiori in Deum animo ultra decimas nonas dabant pii As this Authour proveth by very many laws alledged in his learned Glossary which shall be produced in due place and time and cap. 11. here following prudently observeth How many things in the beginning both of the Law and Gospel were admitted and omitted for the present and reformed afterward for when the Law was given the wheels thereof could not presently fall into their course and so likewise in the New Testament the Apostles themselves are compelled to many necessities and to suffer many things which were reformed afterwards To which discourse I leave the Reader who may thence receive satisfaction why laws and canons for Tithes and maintenance were not made in the first Ages so exactly and carefully as afterwards they were enacted both by Temporall and Ecclesiasticall powers But as others also observe for succeeding times Churches and Tithes were both miserably overthrown and lost in most of these Western parts of the Empire by the Invasion of the barbarous people Hunnes Goths and Vandals upon the Christian world who first invading Italy under the Emperour Justinian did miserably spoil and harrow the Countrey persecuted the Clergy pulled down Churches robbed Bishops and Colledges overthrew schools of learning and committed all sorts of wickednesse and afterwards they set their face against France where to oppose them Charles Martell would not encounter unlesse the inferiour Clergy would yeeld up their Tithes into his hands to pay his Armies and Soldiers for which sacriledge hee is infamous in the publick Histories to this day especially because he did not restore the Tithes to the Clergy according to his solemn promise after God had blessed him with good successe killing many thousands in one great battail This fact of Martell was done about the year 660. Chr. and no redresse of it till the Councel of Lateran neer five hundred years after Anno 1189. under Alexander the
them to Churches out of their possessions and families where they baptized and received Burch lib. 3. ca. 132. And Concil Cavallon c. 1. decreeth that all Churches with their whole livings and tithes should bee wholly in the power of the Bishops and to be ordered and disposed by him Burchard lib. 3. ca. 146. Concil Moguntin 1. ca. 8. recited by Burchard who lived about 6â—0 years since saith that Abraham by his action and Jacob by his promise declared unto us that tithe was to be given to God The Law hath since confirmed it and all the holy Doctor are mindfull of it c. Hereof the venerable Doctor Saint Augustine saith Tithes are required as a debt What if God should say quoth he thy self a man art mine and so forth as followeth in that Sermon of his that hereafter we exhibit The Councell proceedeth further shewing reasons why Tithes should be paid That if the Jews were so carefull inexecuting this commandement as they would not omit it in the least things mint and rue c. as our Saviour testifieth how much more ought the people of the Gospel to perform it that hath a greater number of Priests and a more sincere manner of Sacraments They are therefore to be given unto God that being better pleased with this devotion he may give more liberally the things we have need of That this kind of maintenance is fittest for the Clergy that they otherwise be not troubled with worldly businesse but may attend their calling That the daily offerings of the people and that Tithes are to be divided into four parts according to the Canons The first to the Bishop another to the Minister or Priest Clericorum the third to the poor the fourth to repairing of Churches Burchard li. 3. c. 133. Concil Moguntin 1. cap. 10. tempore Appae 4. 4. Lothar Imp. Anno 847. sub Rabano Archiepiscopo qui scribit Ludovice This Councell admonisheth men to pay their Tithe carefully because God himself appointed it to be paid to himself And that it is to be feared that if any man take Gods right from him God for his sins will take things necessary from him also Tom. 3. Conc. Roman Concil 5. Anno 1078. Tom. 3. saith that Lay-men upon pain of sacriledge excommunication and damnation might not possesse Tithes and Church livings though granted by Kings and Bishops but must restore them CAP. XXI In what right tithes are due and first of the law of nature WE have said in our definition that they be due unto God now we are to shew by what right and to prove it First therefore I divide Tithes into two sorts Morall and Leviticall Morall are those which were due to God before the Law given in the time of nature Leviticall are those nine parts assigned by God himself upon giving the Law unto the Levites for their maintenance the tenth part being still reserved to himself and retained in his own hands Morall tithes were paid by man unto God absque praecepto without any commandement Leviticall tithes were paid by the Israelites unto the Levites as transacted and set over by God unto them pro tempore for the time being and that by an expresse Canon of the Ceremoniall law To speak in the phrase of Lawyers and to make a case of it God is originally seised of tithes to his own use in dominico suo ut de feodo in his own demesne as of fee-simple or as I may say Jure Coronae and being so seised by his Charter dated _____ year after the Flood he granted them over to the Levites and the issue male of their body lawfully begotten to hold of himself in Frank-Almoigne by the service of his Altar and Tabernacle rendring yearly unto him the tenth part thereof So that the Levites are meerly Tenants in tail the reversion expectant to the Donor and consequently their issue failing and the consideration and services being extinct and determined the thing granted is to revert to the Donor and then is God seised again as in his first estate of all the ten parts in fee. But we must prove the parts of the case and first the title namely that he was seised in fee of originall Tithes that is that originall Tithes doe for ever belong unto him Hear the evidence which I will divide into three parts as grounding it first upon the law of Nature secondly upon the Law of God and thirdly upon the Law of Nations CAP. XXII How far forth they be due by the Law of Nature VVHen I said by the Law of Nature my meaning is not to tie my self to that same jus naturale defined by Justinian which is common to beasts as well as to men But to nature taken in the sense that Tully after the opinion of others delivers it to be Vim rationis atque ordinis participem Denat Deo l. 2. tanquam via progredientem declarantemque quid cujusque causa res efficiat quid sequatur c. the vertue and power of reason and order that goeth before us as a guide in the way and sheweth us what it is that worketh all things the end why and what thereupon ensueth or dependeth This by some is called the Law of Nature secondary or speciall because it belongeth onely to reasonable creatures and not generally to all living things in respect whereof it is also called the law of reason and it is written in the heart of every man by the instinct of nature Quis scribit in cordibus hominum naturalem legem nisi Deus Aug. de serm Domini in monte l. 2. as Isidor faith not by any legall constitution teaching and instructing all Nations through the whole world to discern between good and evill and to affect the one as leading to the perfection of worldly felicity and to eschew the other as the opposite thereof This is that law written in the hearts of the Heathen made them to be a law unto themselves as it is said Rom. 2.14 and by the instinct of nature to doe the very works of the Law of God with admirable integrity and resolution This is that Law that led them to the knowledge of God that they had whereby they confesse him to be the Creator supporter and preserver of all things seeing all things knowing all things and doing whatsoever pleaseth himself to be omnipotent eternall infinite incomprehensible without beginning or end good perfect just hating evill and ever doing good a blessed Spirit and as Plato calleth him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the greatest Spirit that giveth all good things unto man that guideth his actions and blesseth his labours All this and much more did the very Heathen by this Law of Nature conceive and pronounce of God and therewithall confessed that by reason thereof they were justly tyed to yeeld him all service honour obedience praise and thanksgiving but wanting grace to direct them above nature in the right ways thereof they first swarved on one hand
be slack to be pay it Eccles also 5.3 4. for the Lord thy God will surely require it of thee and so it should be sin unto thee Deut. 23.20 Therefore S. Peter reasoning the matter with Ananias telleth him That whilest his land remained in his hands it appertained unto him and when it was sold the money was his own Act. 5.4 he might have chosen whether he would give them God or not but when his heart had vowed his hands were tied to perform them he vowed all and all was due not by the Levitical law which now was ended but by the Morall law which lasteth for ever for Job being an Heathen man and not a Jew saith also Thou shalt make thy prayer unto him and he shall hear thee and thou shalt render him thy vows Job 22.27 If the King give a gift of his inheritance to his son his son shall have it if he give it to his servant his servant shall have it Ezek. 46.16 If the King then give a gift to his Father that is to God Almighty shall not God have it or the servant to his Master and Maker shall not he enjoy it Who hath power to take that from God which was given unto him according to his Word can the Bishops can the Clergy give this away no they are but Vsufructuarii they have but the use of it the thing it self is Gods for the words of the grant be Concedimus Deo we give it to God not to the Bishops Therefore when Valentinian the Emperor required the Church of Milan of that noble Bishop S. Ambrose O saith he if any thing were required of me that were mine as my land my house Orat. de basilie tradend p. 2.38 my gold or my silver whatsoever were mine I would willingly offer it but saith he I can take nothing from the Church nor deliver that to others which I my self received but to keep and not to deliver CAP. XXVIII Tithe is not meerly Leviticall How it is and how not and wherein Judiciall TIthe is not simply a Leviticall duty but respectively not the naturall childe of Moses Law but the adoptive Consider first the action and then the end the action in payment of them the end in the employment or disposing of them The action of payment of them cannot be said to be properly Leviticall for divers reasons First it is much more ancient then the Leviticall Law as is already declared and cannot therefore bee said to begin by it or to be meerly Leviticall Secondly the manner of establishing of it in the Leviticall Law seemeth rather to be an annexion of a thing formerly in use then the creating or erecting of a new custome for in all the Leviticall Law there is no originall commandement to pay Tithe but in the place where first it is mentioned Lev. 27.30 it is positively declared to be the Lords without any commandement precedent to yeeld it to him Some happily will affirm the commandement in the 22. Exod. that thou shalt not keep back thy Tithe doth belong to the Leviticall Law though it were given before the Levites were ascribed to the Tabernacle Yet if it were so that is no fundamentall Law whereupon to ground the first erection of paying Tithe but rather as a Law of revive and confirmation as of a thing formerly in esse for detaining and keeping back doe apparently imply a former right and therefore Tithe was still the Lords ex antiquiore jure and not ex novitio praecepto by a precedent right and not by a new commandement Thirdly it containeth no matter of ceremony for if it did then must it be a type and figure of some future thing and by the passion of our Saviour Christ bee converted from a carnall rite into some spirituall observation for so saith Jerome of the legall ceremonies but no such thing appeareth in it and therefore it cannot be said to be a ceremony The whole body of the Fathers doe confirm this who in all their works doe confidently affirm the doctrine that S. Paul so much beateth upon that all legall ceremonies be abolished and yet as many of them as speak of Tithes doe without all controversie both conclude and teach that still they ought to be paid and therefore plainly not to be a ceremony Fourthly the Tithing now used is not after the manner of the Leviticall Law for by the Leviticall Law nothing was tithed but such things as renued and encreased out of the profits of the earth but our manner of tithing is after that of Abrahams Heb. 7.2 who gave tithe of all And this is a thing well to be confidered for therein as Abraham tithed to Melchisedek not being of the Tribe of Levi so our Tithing is now to Christ being of Melchisedeks order and not of the Tribe of Levi but of that of Juda whereunto the Tribe of Levi is also to pay their Tithe Fifthly and lastly the end whereunto Tithe was ordained is plainly Morall and that in three main points Piety Justice and Gratitude 1. Piety as for the worship of God 2. Justice as for the wages and remuneration of his Ministers 3. Gratitude And to encourage them in the service of God 2 Chron. 31.4 as sacrificium laudis an offering of thankfulnesse for his benefits received All which were apparent in the use of Tithes before they were assigned over to the Levites both in the examples of Abraham and Jacob and by the practice of all Nations For God was to be worshipped before in and after the Law and though the Law had never been given but his worship could not be without Ministers nor his Ministers without maintenance and therefore the maintenance of his Ministers was the maintenance of his worship and consequently the tithes applied to the one extended to both God himself doth so expound it Mal. 3.8 where he tearmeth the not-payment of Tithes to bee his spoil and wherein his spoil but in his worship and how in his worship but by taking from him the service of his Ministers the Priests and Levites who being deprived thereof could neither perform his holy rites in matter of charge nor give their attendance for want of maintenance So that herein the children of Israel were not onely guilty of that great sinne committed against piety in hindering the worship of God but of the crying sin also committed against equity in withholding the wages of the labourer his Ministers and consequently of that monstrous and foul sin of Ingratitude which Jacob in vowing of his Tithes so carefully avoided To come to the other point before spoken of the disposing or employment of the Tithes after they were paid that is when they were out of the power of them that paid them and at the ordering of the Levites that received them it cannot be denied but therein were many ceremonies as namely in the sanctifying of them in the eating them in the Tabernacle the eating of them by the
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 Dominicum aureum Nobilissimum Antiochiae templum à Constantino M. inceptum sub Constantio verò absolutum hoc epitheto prae excellentia honoratum insigni Episcoporum populorumque confluentia ejus encaeniam cebrante Hieron in Chronico In Antiochia Dominicum quod vocatur aureum aedificari coeptum Et infra mox Antiochiae Dominicum aureum dedicatur Glossar Spelman pa. 224. Cyrill describing a Church of Constantines building in Jerusalem cals it Cat. 14. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Church all adorned and embossed with silver and gold Eusebius reporting of the spacious and beautifull Church of Tyre which was built anew by the famous B. P. Paulinus says the lustre and splendour was such 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as made beholders amazed to behold it 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 Charters and Acts of Parliament are extant in the first Tome of our Councels by this Authour and many are also mentioned by the learned Selden in his History Now when Churches are built and grants of lands tithes and oblations are freely given by great Kings confirmed by severall Acts of Parliament oftentimes renued and reiterated as by the great Charter thirty times confirmed and many other Statutes since as also by the Text and body of the Common Law which doth affirm Tithes to be due Jure divino as is asserted by that ever honourable Judge and Oracle of Law the Lord Coke in the second part of his Reports L'Evesque de Winchester case fol. 45. Dismes sont choses spirituels due de jure divino Being thus setled and confirmed and thereby becomming fundamentall Laws of the Kingdome they may and ought to be enjoyed peaceably without grudging or repining alienation or spoil without casting an evill eye upon Gods allowance and because he hath given the floure of wheat to make bread for his Sanctuary whereof God himself giveth charge in the last vision of Ezekiel Ezek. 45 c. contained in the last four chapters where he appointeth a third part of the land to be set forth for his Temple Priests and servants besides the portions for the Prince and for the people which vision for performance concerneth the Christian Church and was never fulfilled in the Jewish State as this Author and many others doe shew and there God doth especially forbid alienation selling or exchanging of his Temples portion as being most holy unto the Lord Ezek. 48.14 It concerns us therefore that live in these times of the Christian Church when we see the ancient prophesie fulfilled by Kings and Princes in giving much to the Church to preserve Gods portion entire without alienation spoil or violence The Primitive times of the Church as this Authour sheweth ch 6. as had not been since the very Creation times wherein God opened the windows of persecution and rained bloud upon his Church as hee did water upon the world in the days of Noah during the ten grievous persecutions in the first 300. years after Christ so that no man must expect then to finde setled Lawes for Tithes Lands or maintenance of the Clergy when the Emperors and Magistrates were Heathens persecuting the Church and made many furious edicts for rasing and ruinating of Churches which had been built by Christians in some times of intermission as appears by Eusebius when hee comes to the times of Dioclesian Every good Christian and almost every Clergy-man lost his life for religion no man did care or expect for preferment maintenance or dignity save onely the crown of martyrdome which many thousands did obtain Cap. 6. The Church saith this Author did all that while expose the dugs of her piety unto others but did live her self on thistles and thorns in great want oftentimes necessity and professed poverty Now those men that would reform all according to the pattern of the Primitive Church and the Apostolicall times do not consider that the Clergy must be reduced again to the same condition of poverty want and misery as formerly they were if the pious and charitable gifts and donations of Kings and Nobles in the ages next succeeding the persecutions should be taken away and the ancient patrimony of Tithes abated or subverted by the worldly and covetous practices of them that esteem gaine to be godlinesse The kytes of Satan as this Author tearmeth them have already pulled away many a plume from the Church in severall ages yet thanks be to God there be some feathers left to keep her from shame and nakednesse if the sacrilegious humour of the times prevail not against her And there is the more reason to hope and expect that we may enjoy our portion and tithes quietly because we have so much lesse then the old Priests and Levites received from the people for they had severall tithes and oblations for themselves for the feasts and for the poor wherein they did share in a far greater proportion then is now required by the Clergy of the Gospel The learned Scaliger Selden and many others do prove apparently by instance of particulars that the Israelites did pay out of their increase of corn much more then a tenth even almost a fifth part for severall tithes and duties then commanded to them I will recite Mr Seldens example History ca. 2. § 4. The Husband-mā had growing 6000 Bushels in one year 100 Bushels was the least that could be paid by the husband-man to the Priests for the first-fruits of the threshing floore 5900 Bushels remained
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
Ministers that invest us with spirituall and heavenly blessings that as I say are called to a more excellent sunction and consequently deserve a more excellent reward that have a great charge committed to them and consequently much great travell and labour in performance thereof The Levite travelled onely in body but the Minister of the Gospel both in body and minde he must nor onely doe the part of the Leviticall Priest which is to perform the ordinary service sacraments and rites of the Church like the oxe that treadeth out the corn that is brought home but he must be also like the Dove of the Ark he must stie about to seek and fetch home to his Parishoners the blessed olive branch of pence He must be like Solomons Eagle whose way it in heaven there seeking food for his Parishoners and like that Eagle that God compareth himself unto Deut 〈◊〉 11. that dresseth up her nest floteth over her birth stretcheth out her wings taketh and beareth them upon her wings the feeble and sick souls of his Parishoners always teaching comforting strengthning and confirming them committed to his charge and this shall he dearly earn the portion assigned to him Some then will say this is like Simon Magus to sell the grace of the holy Ghost No. Ministers must be no Merchants they must in no case sell Doves 〈◊〉 the holy Ghost Christ did drive them out of the Temple but the people must be just piety justice and the law of nature requireth that every man render a reward to the labourer not onely â—â—â—â—â—ding to his labour but with respect of his function and the quality of his person the Minister must not sell the breath of his mouth but he may sell the sweat of his brows hee may not sell his doctrine but hee may take reward for his travell It is Gods commandement to Adams posterity In the sweat of thy face shalt thou eat bread Gen. 3.19 much precious sweat doe many worthy Ministers distill for us in their function which God no doubt putteth up in his bottle and therefore they must have bread for it much labour in reading writing watching studying preaching and praying many pined and wasted here with for much reading the holy Ghost saith it is a wearinesse to the flesh and willeth man to take heed of it Eccles 12.12 and therefore if there were no more in it but so a worthy reward is due unto them but besides this they minister unto us spirituall things that is things inestimable and is it much then if we return them temporall things And though sometimes there may be found amongst them such as Judas among the twelve Apostles and in all ages some unworthy of that sacred calling they being subject to humane frailties yet tithes are not to be denyed because they are due originally to God who assigned them over to the Levites in the old Testament for he saith I have given them to them Num. 18.24 the tithes of the children of Israel I have given to the Levites and in the new Testament to the Ministers of the Gospel for they that preach the Gospel must live of the Gospel they are therefore to be paid to the Priest or Minister for he is the steward of Gods house and in this point we are not to respect what condition he is of for the debt is due to his Master not to himself so that whether he be good or bad what condition soever he be of he standeth or falleth to his own Master CAP. XIV The Etymology and definition of Tithe and why a tenth rather then any other part is to be paid DEcimae and decumae in the plurall number or decima and decuma in the singular which Tully most useth in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. capacem saith Philo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 à capiendo because it comprehendeth all other kind of numbers as more largely hereafter shall appear For which cause the Latines used the word decimare exdecimare to choose and cull out the principall things and our own English word Tithe importeth as much for it commeth of the Saxon Teoðh i. e. the tenth which is a verball of Teo that signifieth to take out as if it should admonish us that the tithe or part given to God must bee a choice or principall part and because this part should of all the rest be the best and the largest which in our English we commonly call Tithe of the Saxon word Teoðh a i. e. the tenth and Teoðh an sceattas tithes of the verb Teo i. traho extraho Tiehðh Subtrahit as if we should say the choice part or the part that is taken and chosen from the rest for God himself which whether it be the tenth or not yet it is generally comprehended in Latine under decimae and in English under the name Tithe Omnia sua decimabant saith Augustine de omnibus fructibus suis decimam partem detrahebant ipsam dabant paulo post Tectum decimabant id est decimam partem detrahebant eleemosynas dabant Augustin Tom. 10. p. 27. D. Before I proceed further in this Treatise of Tithes I hold it fit first to propose a definition thereof that my discourse may be the more certain I define it therefore Tithe is the tenth part of that we lawfully possesse rendred by us unto God by way of thanksgiving for his blessings bestowed on us Or according to Hostiensis In sum de doci § 1. V. Vocab Vtrius Jur. in verbo decima Decima est omnium bonorum mobilium licitè quaestorum pars decima Deo data divina constitutione debita quae forte addit author vocabularii ut colligitur de decim Ca. 1. ca. Parochianos C. nonest Ca. tua nobis § verum C. non sit ab homine vel Raymundus Decima est omnium bonorum justè adquisitorum talis pars Deo debita This definition leads us first to examine why the tenth part rather then any other should be yeelded unto God Secondly out of what it is to be yeelded all that we lawfully possesse Thirdly unto whom it is to be rendred unto God Fourthly in what manner it is to be rendred viz. by way of thanksgiving Fifthly and lastly upon what consideration it is to be rendred and that is for his blessings bestowed upon us I have not read why in this matter of Tithing the tenth in number should be rather allotted unto God then any other and therefore wanting a guide to direct me I will walk this way the more respectively but according to mine own apprehension I observe two reasons thereof one Mysticall the other Politicall Touching the first as Plato and the Pythagoneans attributed great mysteries and observations unto numbers so doe likewise all the greatest Doctors of the Church and the very books of God themselves and therefore it is not to be thought that in this point of rendring Tithes
time I speak of Well It will be said that all this is nothing if the Word of God commandeth it not for every thing must be weighed and valued by the shekel of the Sanctuary Lev. 27.25 They may by the same reason take away our Churches for I finde not in all the Bible any Text wherein it is commanded that we should build us Churches Perkins dem Problem 9. neither did the Christians either in the Apostles time nor 100. yeares after build themselves Churches like these of ours but contented themselves at first to meet in houses which thereupon were called ades sacrae And to shew that they were commanded by the Levitical Law will not serve our turn for it will be said the Statute of repeal even the two words spoken by our Saviour upon the Crosse Consummatum est Iohn 19.30 clearly abrogated that Law but it is to be well examined how far this repeal extendeth for though the letter of it be taken away yet the spirituall sense thereof remaineth for Ierome saith Singulae paene syllabae c. spirant coelestia sacramenta Tom. 3. Paulino Epist that almost every syllable thereof breatheth forth an heavenly sacrament Saint Augustine saith the Christians doe keep it spiritually so that if tithe be not given in the tenth according to the Leviticall Institution yet the spirituall meaning of providing for the Clergy our Levites remaineth But with the precepts of the Leviticall and Ceremoniall Laws divers rules of the Morall Law are also mingled as the Laws against Witches Not to reap every corner of our field nor to gather our fruit clean not to keep the pledge that belongeth to the person of our brother Userers Oppressors c. the Laws that command us to lend to our brother without interest and to sanctifie the Sabbath for though the Institution of the Sabbath be changed yet the spirituall observation remaineth and that not onely in the manner of sanctifying it but as touching the time also even the seventh day Notwithstanding I find not that the Apostles commanded us to change it but because they did change it we take their practice to be as a Law unto us yet though they changed the time they altered not the number that is the seventh day I will then reason that God hath as good right to our goods of the world as to the days of our life and that a part of them belong unto him as well as the other And the action of Abraham and Jacob may as well be a precedent to us for the one in what proportion we are to render them as that of the Apostles in the other for both of them were out of the Law the one after it the other before it And why may not the limitation of the day appointed to the Lord for his Sabbath be altered and changed as well as the portion appointed to him for the tenth You will say the seventh day was not due to him by the law of nature for then Abraham and the Fathers should have kept it before the Law given but it held the fittest analogy to that naturall duty that we owe to the service of God and therefore when that portion of time was once particularly chosen by God for his service by reason himself had commanded it under the Law the Apostles after the Law was abolished retained it in the Gospel And so since the number of the tenth was both given to God before the Law and required by him in the time of the Law being also most consonant to all other respects great reason it is to hold it in the age of the Gospel Yet with this difference that in the old Law the Sabbath was the last part of the seven days and in the Gospel it is the first because our Saviour rose from the dead the first day of the week and not the seventh God is our Lord and we owe him both rent and service our service is appointed to bee due every seventh day our rent to be the tenth part of our encrease He dealeth not like the hard Landlords that will have their rent though their Tenants bee losers by their Land but he requireth nothing save out of their gain and but the tenth part thereof onely These two retributions of rendring him the seventh day of our life and the tenth part of our goods are a plain demonstration to us of our spirituall and temporall duty towards God Spiritually in keeping the Sabbath and temporally in payment of tithes that is in providing for his Ministery and them in necessity the one being the image of our faith the other of our works for seven is the number of spirituall sanctification ten the number of legall justification Therefore to pay all the nine parts was nothing if we failed in the tenth for the tenth is the number of perfection and therefore required above all other as the type of legall justification And as our faith is nothing without works so neither is the Sabbath without tithes for they that minister to us the spirituall blessings of the Sabbath must receive from us the temporall gratuities of Tithing CAP. XXVI That they are due by the Law of Nations THe Law of Nations is that which groundeth it self upon such manifest rules of reason as all the Nations of the world perceive them to be just and do therefore admit them as effectually by the instinct of nature as if they had been concluded of by an universall Parliament Therefore in truth this is no other but that which the Philosophers call the law of Nature Oratours the law of Reason Divines the Morall law and Civilians the Law of Nations As far then as Tithe is due by one of these so far likewise it is due by all the rest and consequently the reasons that prove it in the one doe in like manner prove it in all the other I will not therefore insist here upon arguments but remit you to that hath been formerly said touching the law of Nature and demonstrate unto you by the practice of all Nations what the resolution of the world hath been herein through all ages So ancient it is among the Heathens that good Divines are of opinion that Abraham took example thereof from the Heathen but others with more reason conceive it to be practised even by the children of Adam as well as sacrificing and the offering of first-fruits as by the opinion of Hugo Cardinalis I have shewed in another place Besides I find not any mention of Tithe paid by the Gentiles before the time of Dionysius commonly called Bacchus who having conquered the Indians sent a Present of the spoil Magno Jovi as Ovid witnesseth and this was about 600. after that Abraham tithed to Melchisedek Cyrus having collected a great sum of mony amongst his captives caused it to be divided delivered the tithe thereof to the Praetors to be consecrated to Apollo and Diana of Ephesus as he had vowed Xenophon in
many taken from divine instruction at the first though whence they had them they could not tell not utterly abolished and obliterated in the darknesse of Pagan errors Paulus Diaconus in his abridgement of Festus doth witnesse the generall practice of the Gentiles Decima quaeque veteres diis suis offerebant Diodorus Siculus lib. 4. saith That Hercules being very well pleased with the kindnesse of the Inhabitants of Palatium foretold them that after his Canonication those that would consecrate the tenth part of their substance unto Hercules should be very fortunate and prosperous in the whole course of their life which continued saith Diodorus a custome unto my time and he lived in the days of Julius Caesar And prosecuting the point doth instance in Lucullus and other wealthy Romans saying Many Romans accordingly not onely such as were of very mean estates but also many of the richest sort have made these vows unto Hercules to give him the tenth of all and they becomming afterward very wealthy have accordingly given unto him the tenth their state amounting to M. M. M. M. Talents L. Lucullus well-nigh the wealthiest Romane of his time making an estimate of all that he was worth gave the tenth in oblation unto this Deity which tenth he laid out upon many and sumptuous feastings to his honour gifts to his Temples and the like And these Herculean Tenths were Therumatus of a fair eye given with a liberall and plentifull hand as appeareth by that which Sylla Lucullus and Crassus did So Plautus useth obsonare pollucibiliter to riot it and fare as they doe that sacrifice unto Hercules and quaestus Herculeus exceeding great gains which is a most sure proof how prodigally liberall these Pagans were in paying their tithes of their never so great wealth unto their poppet gods having never heard of the reward of the righteous nor happinesse in heaven laid up for all those that so honour God And to this doth Tertullian allude Apologet. c. 39. speaking of the prodigality of the Gentiles in such Feasts Herculanarum decimarum polluctorum sumptus tabularii supputabunt Which ready forwardnesse of theirs shall one day rise up in judgement and cause it to be easier in the day of vengeance for those Pagans that knew not God then it will be for many millions of Christians that are both witty and couragious to withhold from God his due and defraud him of that which in his name and for his right sake was given unto those that intruded on his place as an annexum thereto amongst the Pagans Halicarnasseus reporteth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that the Pelasgi in a dearth and great scarcity of all things vowed upon plenty sent unto them to give the tenth of all that God should send unto them unto Jupiter Apollo and the Cabiri or the Samothracian Deities intending that this misery and scarcity came unto them for their former neglect and contempt of that part of piety Vpon this vow of amendment they had their desire plenty was sent them and then setting aside the dedicate portion the tenth of all their encrease of their grounds and of their cattell they offered it unto those gods The perpetuall use and practise amongst the Romans appeareth by Trebatius Lib. 3. Satur. 5. who wrote saith Macrobius de religionibus of the religious rites and ceremonies of the Pagans Trebatius in that Book as Arnobius telleth us declareth a custome yearly with the Romans That the encrease of their Vintage was by solemn words and formalities set apart from ordinary and common use for untill that ceremony so performed whereby God did as it were give possession unto men He as the giver of all things and so of that naturall encrease had in their opinion and this is a most remarkable passage for the right of Tithes as they opined right unto and interest in all Nor was it lawfull among them for any man whatsoever to use his own as his own though it grew upon his own ground was manured tilled sewed set preserved at his cost with his labour and diligence untill God had given him leave to doe it being supplicated and sollicited thereunto by this formall ceremony This is the summe of Trebatius discourse in Arnobius This is that which may shame and confound all Christians that acknowledge no such right God hath nor will be induced to professe it so this will rise up in judgement against all maligners at and detainers of the Churches portion in Tithes Gods right our inheritance by better conveyance then Muncipall Laws can afford any Cato de re rustica ca. 132. hath the practice and the form Jupiter dapalis quod tibi fieri oportet mark the word oportet a matter of necessity not of voluntary devotion in domo familia mea culignam vini Dapi ejus rei ergo macte hac illace dape pollucenda esto then Hujus rei cura non levis in Latio nam flamen Dialis auspicatus vindemiam et ut vinum legere jussit agna lovi facit Varro manus interluito vinum sumito He that performed this ceremony was to doe so and then to say Jupiter dapalis macte istace Dape pollucenda esto macte vino inferio esto Nor did they thus appropriatly use this ceremony unto only Jupiter but unto what Deity soever they did acceptum referre their encrease Quoties aut thus aut vinum super victimam fundebatur saith Servius dicebant In 9. Aeneid Mactus est Taurus vino vel thure hoc est cumulata est hostia magis aucta est hostia And Cato hath the same form of words concerning other sacrifices besides this cap. 130.141.134 Arnobius in zeal to Christian religion derideth and scoffeth at this Pagan use and ceremony but because they did not recte offerre doe it to the true God not because they did not rite dividere doe that which was not to be done not the thing done but done unto Jupiter and unto Idols not to the true God of heaven and earth was blamed Withall he giveth us to understand That this erroneous act of theirs had beginning from a true ground That The earth is the Lords and all that therein is that He hath given it to the sons of men that it is He that openeth his hand and filleth all things living with plenteousnesse that tithes and first-fruits are given unto God to recognize his supream dominion over all his admirable goodnesse in giving us whatsoever we possesse and that by giving of them back unto him as it were a certain quit-rent unto the Lord Paramount thereby we doe and not otherwise a quire unto our selves a right unto the Remains with an interest therein and not otherwise to use them unto our own behoof which if we doe not we are but Vsurpers and Intruders For all the world as the Jewes did who might not durst not meddle with the encrease untill they had paid God his due and thereby purchased liberty to use their
of any their encrease unto the gods These two learned Grammarians did know what was the ancient use among the Graecians better then any man now because they did only hoc agere having no other profession to distract their studies and especially because both of them had especially Didymus those helps in their dayes which none can attain now unto the Authors being lost whom they saw and perused whereby they might learn the Graecian customes more particularly Besides the practice of the Romans and Graecians other barbarous Nations did observe the Law of Tithing For in the remains of naturall understanding notions the Barbarians had a part as wel often a greater part then the Graecians or Romans more civillized Nations had and commonly the ancientest customes are to be found amongst the Barbarians and not among the Graecians nor Romans as common experience observeth The Carthaginians sent the Tithes of their Sicilian spoils unto Hercules at Tyre for Hercules was the chief Patron and Protector of Tyre and the Carthaginians were a Tyrian Colony Nor did they send their Tithe once or sometime or as they would out of arbitrary devotion but of ancient and ordinary custome as Diodorus Siculus reporteth which growing into disuse through negligence and disregard in long tract of time many dysasters in war and other crosses in affairs of State befell them And thereupon to reconcile themselves and appease Hercules they renued again the forgotten custome and sent thither not only the Tithe of the spoils but of all things encreasing and renuing yearly Thus much is reported by Diodorus where he relateth into what straits the Carthaginians were driven and into how many hard assays by Agathocles the Scicilian It is a memorable place for such piety therefore it shall be here recited The Carthaginians supposing that these losses and dysasters were sent unto them of God betooke themselves to all manner supplication and devotion and for so much as they supposed Hercules especially to be angry with them who was chiefly worshipped at Tyrus from whence originally they were extracted they sent exceeding great presents and rich gifts thither Being thence descended they were accustomed in former times to send unto Tyre the tenth for Hercules of all their Revenues and encrease any way renuing issuing or growing but becomming in processe of time very wealthy and having exceeding great commings in they sent very seldome their Tithe and that but small and refuse unto Tyre in neglect and disregard of the Deity But upon this great losse comming home to themselves and repenting of their irreligion they became mindfull of the Gods all that were worshipped at Tyre and sent unto them the tenth Altogether as we use to serve God Phryx plagis Israel when God smote them then they repented returned and honoured him but when he turned his hand they turned their hearts So the Carthaginians being plagued first returned unto their former custome an ancient custome beyond the memory of man and yearly not sometime and gave willingly in abundance their tenth part of all their commings in not so much but of their children they gave the tenth for they used to sacrifice them unto Saturn as Israel did in the Valley of Hinnom Old Father Ennius remembreth this custome Poeni sos solitei sont sacrificare puellos which custome seeing it remained unto Tiberius Caesars time it is not likely they disused the other tenths In like manner Gelo the Sicilian having vanquished the Carthaginians in a most memorable battell and slaine of them in the field an hundred and fifty thousand men the greatest blow for massacre of men that they at any time received in any battel Gelo having atchieved this he reserved severall and apart the best and principall of the spoils which cannot well be denied to be a tenth meaning to adorn and honour the Temple at Syracuse of the remains he reserved another portion without all doubt in quantity another tenth which he dedicated in the principall Churches of Himera the residue after God had been served he parted among his soldiers and confederates Thus it appeareth what the custome of Tithing was among the Heathens which doubtlesse they learned as many other things from the people of God as the ancient Fathers have observed touching many passages of practice in holy writ there especially when they intreat de Graecorum furtis So the names of Deities and other particular usages they received from the Hebrews though with much difference and variety both as comming farre and not well apprehended or understood in the carriage and delivery so also it is very probable that of them the Syrians Phoenicians and Egyptians first learned to give the tenth unto God and other holy usages and then more remote Nations afterward which might well admit in passing up and down and in long continuance much variety and not fully in every point answer the prototype or originall But from whence soever they received their first direction for custome and practice they most part went beyond Gods own people which though it be strange yet so it is that in zeal unto piety and the service of God not onely Samaria hath exceeded Jerusalem but even Babylon put down Sion And so Theodoret complaineth that the heathens did give their tenths and first-fruits to be employed in their idolatrous service to the maintenance of their Temples Oratories Priests and Altars in more liberall manner then Christians but saith he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Such honour saith he speaking of the care taken for the Egyptian Priests Gen. 47. the Priests of the living God and Ministers of our Redeemer Christ Jesus have not with us And much lesse have they in these days especially with us who boast to have reformed things amisse For yet amongst those of the Church of Rome it is otherwise that think nothing too dear for their Jesuites and have their Priests in so great respect that they fall down on their knees and desire their blessing every morning but Nuper Tarpeio quae sedit culmine cornix Est bene non potuit dicere dixit erit Mr Selden saith that the Turks pay the tenth according to the Mosaicall Law which they receive as authentique but keep it according to Mahomets fancy and the doctrine of his Canonists Mr Blunt an accurate observer in his travails affirmeth that the Turks in their principall Cities have very stately Moskeetoes i. Churches of magnificent building accommodated with goodly Colledges for the Priests lodgings and Bathes equall to the Monasteries of any City in Christendome Aelian relateth as Mr Selden citeth him that some kinde of beasts in Africa alwayes divided their spoile into eleven parts but would eat onely the tenne leaving the eleventh as a kinde of first-fruits or Tithe and why may not beasts of the field teach men the practice of piety seeing man that is without understanding is compared to them Thus Jews Pagans Turks and some beasts have had a care to pay Tithes but many Christians in
instruct their people when and how to pay their Tithes Tom. 1. Con. pa. 258. Can. 5 c. About the year 786. in the time of Offa a great King of Mercia and Helfwood King of Northumberland and the two Archbishops there was a great Councell held by two Legates from Hadrian the first wherein Tithes were established and it was likewise confirmed in the South part by the King of West-Saxony And as M. Selden saith it is a most observable Law being made with great solemnity of both powers of both States History cap. 8. pag. 201. Tom. 1. Con. pag. 291. Can. 17. In the year 855. King Ethelwolph by the consent of all his Baronage and Bishops granted the perpetuall right of Tithes to the Church throughout his whole kingdome and that free from all taxes and exactions used then in the State and this statute is very remarkable and was confirmed by other Kings Brorredus and Edmundus of East-Angles Tom. 1. Con. pag. 384. For the Northern Clergy there was a Law made to punish the non-payment of Tithes Tom. 1. Con. pag. 501. In a great Parliament at Earham Anno 1009. by all the States assembled under King Ethelred Tithes are commanded and confirmed Tom. 1. Con. pag. 510 c. Maccabeus an ancient King of Scotland confirmeth Tithes in his Laws Con. pag. 571. Anno 1050. In the Canons of Aelfric Tithes are confirmed Anno 1052. Con. pag. 572. These and many other Constitutions and Laws are particularly and more fully recited in the first Tome of our Councels and in Mr Seldens History cap. 8. from whence the Reader may please to take satisfaction for the space of some 500. years before the Conquest William the Conquerour in the fourth year of his reign when he took a view of all the ancient Laws of the Land he first confirmed the liberties of the Church because that by it saith Hoveden the King and the kingdome have their solid foundation pag. 601. and herein amongst other Laws of King Edward these particularly touching Tithes which Hen. 1. also did Anno 1100. as appeareth by Mat. Par. pa. 53. The like did also Hen. 2. in the 26. year of his reign as Hoveden witnesseth pa. 600. And for a perclose of all that went before or should follow after King Hen. 3. in the ninth year of his reign by that sacred Charter made in the name of himself and his heirs for ever granted all this anew unto God We have granted saith he unto God and by this our present Charter have confirmed for us and for our heirs for evermore that the Church of England shall be free and shall have all her holy rights inviolable Magna Charta cap. 1. And that this Charter might be immortall and like the sanctified things of the Temple for ever inviolable it was not onely fortified by the Kings Seal the sacred Anchor of the kingdome but by his solemn oath and the oath of his sonne and the Nobility of the kingdome Yea the whole kingdome yeelded themselves to stand accursed if they should at any time after impeach this grant And therefore in the 25 Ed. 1. a speciall Statute was made for confirmation of this Charter V. Rastals Abridg destat tit Confirmat Sententia lata super chartas wherein amongst other things it is ordained that the Bishops shall excommunicate the breakers thereof and the very form of the sentence is there prescribed according to which upon the 13. Maii Anno 1304. Ed. 1.31 Boniface the Archbishop of Canterbury and five other Bishops solemnly denounced this curse in Westminster Hall the King himself with a great part of the Nobility being present Vid. Pupil oculi part 5. cap. 22. First against all them that should wittingly and maliciously deprive or spoil Churches of their rights Secondly against those that by any art or devise infringed the liberties of the Church or Kingdome granted by Magna Charta de Foresta Thirdly against all those that should make new Statutes against the Articles of these Charters or should keep them being made or bring in or keep other customes and against the writers of those Statutes Counsellors and Executioners thereof that should presume to give judgement according to them And lest this should seem a passion of some particular men for the present time rather then a perpetuall resolution of the whole kingdome in the succeeding ages the zeal and care thereof was continually propagated from posterity to posterity So that in 42 Ed. 3. cap. 1. it was further enacted that if any Statute were made contrary to Magna Charta it should be void And 15. times is this Charter confirmed by Parliament in Ed. 3. time eight times in Rich. 2. reign and six times in Hen. 4. Yea the frontispice of every Parliament almost is a confirmation of the rights and priviledges of the Church as having learned of the very Heathen Poet who had it from the law of Nature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we begin ever with God Neither was there any man found that ever would or durst with Nero lay hands upon his Mother the Church for he that smiteth his father or mother shall die the death Exod. 20.15 Heu tot sancitas per plurima secula leges Hauserit una dies hora una et persidus error My meaning is not to strain these Laws to the maintenance of such superstitious gifts as were made to the Church against the honour of God but to those onely that were for maintenance of his Word and Ministery which if they were lawfully conferred as no man I think doubteth but they were then let us consider how fearfull a thing it is to pull them from God to rend them from the Church to violate the dedications of our Fathers the Oaths of our Ancestors the Decrees of so many Parliaments and finally to throw our selves into those horrible curses that the whole body of the kingdome hath contracted with God as Nehomiah and the Jews did Nehem. 10. should fall upon them if they transgresse herein For as Levi paid Tithes in the loins of Abraham Heb. 7. so the lawfull vow of the fathers descendeth upon their children And as the posterity of Jonadab the sonne of Rechab were blessed in keeping it Jer. 35.18 so doubtlesse have we just cause to fear the dint of this curse in breaking this vow Say then that Tithes were not originally due unto God and that there belonged no portion of our Lands unto his Ministers yet are we in the case of Nehemiah and the Jews Nehem. 10.32 They made Statutes by themselves to give every year the third part of a shekel for the service of the house of God And our fathers made Laws amongst themselves to give a portion of their Land and the tenth part of their substance that is these Parsonages for the service of the house of God If they were not due before they are now due For when thou vowest a vow unto the Lord thy God thou shalt not
Levites onely and their family and as they were otherwise applied to the ceremoniall habit of Gods service for that time but yet notwithstanding even then they still served in the main point to the Morall end of their originall Institution that is the worship of God in genere the maintenance of his Ministers in genere and for a token of thankfulnesse in genere Against which the particular applying them to the particular form of worship and ceremonies of the Leviticall Law for that time abolished had no repugnancy And therefore though that manner of disposing them were Ceremoniall and did vanish away with the ceremonies themselves yet did it nothing diminish the Morall use and validity of the Institution in genere which notwithstanding still remained to be accepted and imitated by all posterity and yet to be altered and changed accidentally in the particular ordering and disposing of them as the present estate of Gods worship and the necessity of the time should require viz. before the Law at the pleasure of them before the Law under the Law by the rules of the Law and now in the time of the Gospel as the Church of God either hath or shall appoint them keeping always as I say the Morall considerations of their Institution for they may not be diverted from the Minister though the course of Gods service be altered from that of the Levites but both they and the Levites are labourers in the Lords Vineyard and therefore what kind of work soever either the one or the other be for the time there employed upon the wages appointed Denarius in diem Mat. 20.2 is due unto each of them Therefore to take away the antithesis or opposition that some make between the Ministers of the Gospel and the Levites and Priests of the Law God himself in the last of Esay v. 21. Esay 66 20. calleth the Ministers of the Gospel Priests and Levites as though he had onely changed the course of their service and not the main or end of their Institution I will take of them viz. of the Gentiles for Priests and Levites that is the generation of Levi shall no longer be appropriate to my service but I will communicate their function to the Gentiles and out of them will I take Priests and Levites to perform the service of my charge God therefore brought no new thing into the Leviticall Law neither changed he the nature of the former Institution thereof nor the course of the payment nor the quantity of the portion assigned nor the end whereto it was but looking generally into the equity of them all and approving them all in the generall yea though they were used by the Heathen he descended into further particularities for order and government whereof he prescribed divers rules and observances some Morall some Judiciall and some Ceremoniall according to the fashion of his Church at that time which like old garments being wholly worn out with the old Law the body whereupon they were put remaineth still in the first shape and vigour And whereas before the Law it seemeth to be somewhat at randome and uncertain God by his owne mouth in the Books of Moses hath established and confirmed So that these things considered it cannot be said to be Leviticall in substance but respectively onely and by way of accident § 1. An Objection touching sacrifice and first-fruits and circumcision It may be objected that sacrifice and first-fruits were also in use under the law of Nature and from thence as Tithe was translated into the Leviticall Law yet they ceased with the Leviticall Law and why should not Tithe cease likewise Though sacrifice and first-fruits were in use under the law of Nature and from thence as Tithe was translated unto the Leviticall Law yet the mark they shot at and the end whereto they were employed being once accomplished there was in reason no further use of them for they were like the cloudy and fiery pillars that directed the children of Israel to the land of promise who being arrived there needed those helps no longer and so they vanished away as then not necessary But Tithe in it self and before the Institution of the Leviticall Law was onely an act of justice and piety and therefore though the Leviticall Law employed it partly unto ceremonies yet the nature thereof was not thereby changed and therefore it still lived when the Leviticall Law died Touching the whole frame of Leviticall ceremonies it is like that of Daniels image the body is decayed and gone but the legs being partly iron as well as clay by which it was supported though the clay that is the ceremony be abolished yet the iron that is the Morall Institution thereof endureth for ever The rites of the Leviticall Law were of two sorts some the naturall children thereof others the adoptive I call them naturall that sprang out of the bowels of it as those touching the Ark and Institution of the Levites Adoptive those that being in use before were afterward annexed to it And of these I observe two sorts one arising from some positive Constitutions as that of Circumcision whereof I will speak anon and the other deduced from the law of Nature as those concerning the worship of God whereof some were generall and necessarily incident to every form of his worship in all ages as Ministers to perform his service which they called Priests and means to maintain it which they ordained to be by Tithes The other appropriate to the naturall condition of those times as sacrifice and first-fruits which though they rose out of the law of Nature as touching the common end of being offered by way of thanksgiving unto God yet in that they were also types and figures full of ceremony they became temporall and thereby transitory For the children of Adam finding themselves in the wrath of God and their flesh bloud body and life to be altogether corrupted and accursed by the transgression of their father they sought by all invention possible to help it as far as nature could and therefore both to expresse the present estate of their miserable condition and the mark also they aimed at for redemption in time to come they held it as a necessary correspondency that flesh should be redeemed with flesh bloud with bloud life with life the guilty body with a guiltlesse body and to be short the trespasse and corruption of man by the innocency of some sanctified creature offered unto God for remission of sin And because nothing under the sun could be offered up but it also was full of corruption and that nothing could be acceptable unto God that was impure therefore though they chose the cleanest and perfectest beasts and things for these offerings and sacrifices and purged and sanctified them by all manner of means they could yet they devised further to sever the purer and aeriall part thereof from the grosse and earthly consuming the one that is to say the flesh and the bones
have them as the religious persons had them that is as spirituall Livings and consequently subject to the jurisdiction of the Bishops before had over them and then are they no otherwise in the hands of the Laity for testimony whereof they also carry at this day the badges and livery of their Lords and Masters of the Clergy for as Joseph was taxed in his own City so are they yet ranked amongst other spirituall Livings and as members of that body doe still pay their Synodals and Proxies to the Bishops and Archdeacons and if Tithes bee withholden from the Approprietary he still sueth for them as spirituall things in the Spirituall Court All which are by Gods Providence left upon them as marks of the Tribe they belong unto that when the Jubile commeth if ever it please God to send it they may thereby be distinguished and brought back again to their own Tribe § 2 That no man properly is capable of an Appropriation but spirituall men Spirituall things and spirituall men are correlatives and cannot in reason be divorced therefore was no man capable of Appropriations but spirituall persons before the laws of dissolution which first violated this holy marriage and like Abimelech Gen. 20.2 took the wife from the husband and made Lay men which before were the children of the Church now become spirituall Fathers The act of Appropriation is nothing but to make a body corporate or politique spirituall that hath succession perpetuall Incumbents in a Rectory or no more upon the matter then to entail the incumbency to one certain succession of spirituall men Therefore as a Patron saith my Lord Dyer Chief Justice and Plowden 496. must present a spirituall person to a Church and not a temporall so by the same reason an Appropriation must be made unto a spirituall person and not temporall for saith he the one hath cure of souls as well as the other and they differ in nothing but in this the one is Parson for his life and the other and his successours Parsons shall be for ever and for this in the beginning saith he were the Appropriations made to Abbots Priors Deans Prebends and such like as might in their own person minister the Sacraments and Sacramentals and to none other And for the same reason at the first it was holden that they could not grant their estates to any other no more then the Incumbent of a Parsonage presentative who though he may lease his Glebe and Tithes yet can he not grant his Incumbency to any other but must resign it and then the Patron and Bishop must make the new Incumbent And so the Incumbency which is a spirituall office cannot be granted nor by the same reason could the perpetuall Incumbent which is the Approprietary at the first grant his estate which contained the Incumbency and the Rectory which is the revenue of the Incumbent Therefore when the Order of the Templars to whom divers appropriate Parsonages were belonging was dissolved and their possessions granted to the Prior of S. John of Jerusalem in England Justice Herle in 3 Ed. 3. said that if the Templars had granted their estate in the Appropriations to the Hospitalers that is to them of S. Johns of Jerusalem the Hospitalers should not have it for it was granted onely to the Templars and they could not make an Appropriation thereof over unto others Therefore to make good the estate of the Prior and Hospitalers it was shewed there that by the grant of the Pope King and Parliament the Prior had the estate of the Templars And so by Herle an Appropriation cannot be transferred to another and with good reason saith the book for it hath in it a perpetuall Incumbency which is a spirituall function appropriate to a certain person spirituall and cannot be removed from them in whom it was first setled by any act of theirs Herle there also said that That which was appropropriate unto the Templars was disappropriate by the dissolution of their Order fo 497. B. So that as death is the dissolution of every ordinary Incumbent so the dissolution of a religious Order Monastery or Corporation is the death thereof and by that death according to this opinion of Justice Herle the Church appropriate that belonged thereunto is again become presentable as it was before the Appropriation whereunto my Lord Dyer and Manwood doe also agree Dier Plowd 497. Manwood ib. 501. l. 2. and therefore by the dissolution of religious houses all Appropriations had been presentable like other Churches if the Statute of dissolution had not given them to the King and by as good reason might the same Law-makers have given him the other also for any thing that I perceive to the contrary Yet let us see in what manner they are given unto the King for though I cannot examine the matter according unto the rules of Law being not so happy which I lament as to attain that profession yet under correction I will be so bold as to offer some points thereof to further consideration as first what is granted to the King secondly the manner how it is granted thirdly the ends why And herein I humbly beseech my Masters of the Law to censure me favourably for I take it by protestation that I doe it not as asserendo docere sed disserendo quaerere legitima illa vera that Littleton speaketh of § 3 What was granted to the King 1. The Statute saith That the King shall have all such Monasteries Priories and other such religious Houses of Monks c. as were not above 200l a year And the Sites and Circuits thereof and all Manours Granges Meases Lands c. Tithes Pensions Churches Chappels Advowsons Patronages Annuities Rights Conditions and other Hereditaments appertaining or belonging to every such Monastery 2. In as large and ample manner as the Governours of those and such other religious Houses have or ought to have the same in the right of their Houses 3. To have and to hold c. to his Majesty his Heirs and Assigns to doe and use therewith his and their own wils to the pleasure of God and to the honour and profit of this Realm The words have divers significations and therefore make the sense the more obscure Monasteries Priories and religious Houses are 1. Sometimes taken personally for the Heads and Members of the House that is for the men of the House as Church for the Congregation City for Citizens 2. Sometime they are taken locally for the soil of the House and in this sense one while extensively to all the Territory thereof another while restrictively to the site and building onely 3. They are taken civilly or locally for the whole rights of the House the lands the rents the possessions and inheritances whatsoever In which of these senses the Parliament hath given them to the King and whether in all of them or not it is not manifest but I conceive the words must be taken in the last sense which as the
more generall includeth also the second and if the very carkasses of the Monastery persons had been worth the having might well enough have fetcht them in also Therefore though after these generall and spacious words there followeth a grant of divers particular things as Sites Circuits Granges Meases Lands Tithes c. yet I take this to be but an enumeration of the things in specie which before are granted in genere for if the generall words have not carried them as the body carrieth the members then it seemeth these particulars doe not carry them for they are granted but as Appurtenances to the said Monasteries and Houses for the words be Sites Circuits Lands Tithes c. appertaining or belonging to every such Monastery words in my understanding onely of explanation and restraint and not trenching to the enlargement of the grant So that upon the matter the Parliament hath granted Tithes and Appropriations to the King if they belonged unto the Monasteries and not otherwise Let us therefore see whether they belong or not § 4 Whether Tithes and Appropriations belonged to the Monasteries or not Abbots Priors and such religious men had two sorts of Tithes one incorporate to their Houses which I call Monasticall Tithes the other depending upon their function as they were Parsons of any Parish which therefore I call Parish Tithes 1. The first of these came unto them as their very lands did by plain point of Charter for before the Lugdune and Lateran Councels every man might bestow his Tithes upon what religious House person he listed and then the founders and benefactors of religious Houses did ordinarily grant all or some portion of their Tithes to those Houses as by a multitude of precedents thereof of appeareth Neol Fossard dedit an 1081. Aldwino Abbati de Ramsey viz. Deo c. Ecclesiam de Bromham terram ad duas carrucas decimas trium villarum de duobis molendinis totā decimam de propria aula Liber MS. Ramsey pag. 240. From hence it rise that the Monasteries had so many portions of Tithes or rents for them which we call Pensions out of so many severall and remote places of the kingdome and therefore all these Tithes how unjustly soever they were conferred upon them were de corpore Monasterii and passed undoubtedly to the King 2. But the other sort that is Parish Tithes belonged onely to the Parson of the Parish by reason of his function and incumbency which function though by act of Appropriation it were collated upon these religious men yet did it not invest the property of those Tithes in their Monasteries but made their persons capable of them by reason of that their function for without their function of being Ecclesiasticall persons they could not have them being forain unto them as I may tearm it and not domesticall as belonging to their house or monasticall as belonging to their conventuall body § 5 In what sort they were granted to the King Though the Parliament hath power to dispose temporall inheritance and to make Lawes to binde the rights of subjects yet it is confessed by the Books of the Law themselves that it can establish nothing against the law of God and therefore if Tithes be in the Clergy by the Law of God as before we have shewed then can they not be pulled from him by any law of man Neither hath the Parliament as it seemeth attempted to doe it but insomuch as they were misemployed by the Clergy of that time therefore the Parliament took them from them and gave them to the King not in any new course of property or to be enjoyed by him as his temporall inheritance but to be his in as large and ample manner saith the Statute as the Governours of those religious Houses had or ought to have the same Now it is apparent that the Governours of religious Houses neither had them nor ought to have them otherwise then to the service of God and benefit of the Church § 6 To what end they were granted to the King This point dependeth upon the precedent for the end why they were given unto the King is declared by the manner of giving them unto him Therefore though the Statute saith To have and to hold to his Majesty his heirs and their own wils to doe and use therewith his and their own wils yet lest their wils should decline from the due employment of them as the religious persons did therefore the Statute addeth these words to the pleasure of God and to the honour and profit of this Realm So that the King had not the things themselves simply but in such manner onely as the religious persons had them and that being but to the service of God and benefit of the Church the King could have them in no other manner then for the service of God and benefit of the Church and then to the words subsequent in the Habendum viz. to doe and use therewith their wils is no more then if we should say That the King c. should have them to dispose of in the service of God and of his Church according to his own will and wisdome which the words annexed plainly intimate appointing unto the King by what bounds and marks hee must walk in disposing of them namely so as may be to the pleasure of God and the honour and profit of the Realm But it cannot be to the pleasure of God that his Ministers should be defrauded nor to the honour and profit of the Realm that the service of God should be hindered or neglected and therefore the King must have and hold them to those purposes and to none other And that the King was not deceived in this kinde of construction of the Act of Parliament it appeareth by a Declaration made by himself freely in an Oration of his unto the Parliament Anno 37. of his reign where he saith I cannot a little rejoyce when I consider the perfect trust and confidence which you have put in me as men having undoubted hope and unfeigned beleef in my good doings and just proceedings for you without my desire or request have committed to my order and disposition all Chauntries Colledges Hospitals and other places specified in a certain Act firmly trusting that I will order them to the glory of God and the profit of the Common-wealth Surely if I contrary to your expectation should suffer the Ministers of the Church to decay or Learning which is so great a jewell to bee minished or poor and miserable to be unrelieved you might well say that I being put in so speciall a Trust as I am in this case were no trusty friend to you nor charitable to my even Christian neither a lover of the publique wealth nor yet one that feared God to whom account must bee rendred of all our doings Doubt not I pray you but your expectation shall bee served more Godly and Goodly then you will wish or desire as
this done in the heat and agony of zeal then privily enflamed on all parts against the Romish religion insomuch as other inconveniences and enormities likewise followed thereon as in Ed. 6. the burning of many notable Manuscript Bookes the spoiling and defacing of many goodly Tombes and Monuments in all parts of the kingdome pulling down of Bels Chancels and in many places of the very Churches themselves Moses for haste broke the Tables of the Law and these inconveniences in such notable transmutations cannot be avoided some corn will goe away with the chaffe and some chaffe will remain in the corn mans wit cannot suddainly or easily sever them Therefore our Saviour Christ foreseeing this consequence delayed the weeding out of the tares from the wheat till the Harvest was come that is the full time of ripenesse and opportunity to doe it Besides light and darknesse cannot be severed in puncto the day will have somewhat of the night and the night somewhat of the day the religion professed brought something with it of the religion abolished and the religion abolished hath somewhat still that is wanting in ours and neither will ever be so severed Discipline in genere according to the Primitive Church not in specie as they use it but each will hold somewhat of the other no rent can divide them by a line When the children of Israel came out of Aegypt they brought much of the Aegyptian infection with them as appeareth in the Scripture and they left of their rites and ceremonies among the Aegyptians as appeareth in Herodotus Therefore as Moses renued the Tables that were broken through haste and time reformed the errors of religioÌ„ amongst the Israelites So we doubt not but his M ty our Moses wil still proceed in repairing these breaches of the Church and that time by Gods blessing wil mend these evils of ours I will not take upon me like Zedechias to foretell having not the spirit of prophecy but I am verily perswaded that some are already borne that shall see these Appropriate Parsonages restored to the Church let not any man think they are his because Law hath given them him for Tully himself the greatest Lawyer of his time confesseth that Delegibus Stultissimum est existimare omnia justa esse quae sita sint in populorum institutis aut legibus Nothing to be more foolish then to think all is just that is contained in the Laws or Statutes of any Nation Experience teacheth us that our own Laws are daily accused of imperfection often amended expounded and repealed Look back into times past and we shall find that many of them have been unprofitable for the Common-wealth many dishonourable to the kingdome some contrary to the Word of God and some very impious and intolerable yet all propounded debated and concluded by Parliament Neither is this evill peculiar to our Country where hath it not reigned Esay found it in his time and proclaimeth against it Wo be unto you that make wicked Statutes and write grievous things â—at in M. Anton. per servos per vim per latrociniâ—m So Tully and the Roman Historians cry out that their Laws were often per vim contra auspicia impositae reipublicae by force and against all religion imposed upon the Common-wealth God be thanked we live not in those times yet doe our Laws and all Laws still and will ever in one part or other taste of the cask I mean of the frailty of the makers It is not therefore amisse though happily for me to examine them in this point if they be contrary to the Word of God for I think no man will defend them they leave them to be a Law God cannot be confined restrained or concluded by any Parliament let no man therefore as I say think that he hath right to these Parsonages because the Law hath given them him the law of man can give him no more then the law of Nature and God will permit The Law hath given him jus ad rem as to demand it or defend it Vi. Na. Br. 14. s 369. Jus perfectum cum possideatur in promiss imperfectum dum non possideatur premiss in action against another man it cannot give him jus in re as to claim it in right against God Canonists Civilians and common Lawyers doe all admit this distinction and agree that jus ad rem est jus imperfectum right to the thing is a lame Title they must have right in it that will have perfect Title The Law doth as much as it can it hath made him rei usufructuarium but it cannot make him rei dominum the very owner of the thing The books of the Law themselves confesse that all Prescriptions Statutes Doct. Stud. li. 1. c. 2. s 4. a. and Customes against the law of Nature or of God be void and against Justice § 9 That the King may better hold Impropriations then his Lay Subjects No man by the Common law of the Land can have inheritance of Tithes unlesse he be Ecclesiasticall or have Ecclesiasticall jurisdiction Lord Coke part 5. Rep. fol. 15. and Plowd fol. So that he which hath Ecclesiasticall jurisdiction though he be no Ecclesiasticall person yet by the ancient Law of the Land he may enjoy Tithes and this concurreth not onely with the Canon Law but seemeth also to be warranted by the example of the Provinciall Levites who medled not with the Temple and yet received their portion of Tithes and other Oblations as well as those that ministred in the Temple But it plainly excludeth all such as be meerly Lay from being capable of them let us then see by what better Title the King may hold them As the head cannot give life and motion to the divers members of the body unlesse it hold a correspondency with them in their divers natures and compositions So the King the head of the politique body cannot govern the divers members thereof in their severall constitutions unlesse he participate with them in their severall natures which because they are part Lay and part Ecclesiasticall the jurisdiction therefore whereby he governeth them must of necessity have a correspondent mixture and be also partly Lay and partly Ecclesiasticall to the end that from these divers fountains in the person of his Majesty those divers members in the body of the kingdome may according to their peculiar faculties receive their just and competent government My meaning is not that a Prince cannot in morall matters govern his subjects professed in religion unlesse himself doe participate with them in some portion of their spirituall vocation Rom. 13.1 2 Pet. 2.13 for I see that the Apostles themselves were therein subject to the Heathen Princes and gave commandement to all Christians in generall Oportet nos ex 〈◊〉 parte quae ad hanc vitam â—ertinet subdiâ—os esse potestatibus i. homininibus res humanas cum aliquo honore administrantibus in li. ex pos
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
called and wakened as he did in the ship with Peter but as he is our 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Multo post futurum Domini sacramentum ante signavit ac sacrificio panis vini mysterium corporis sanguinis expressit p. To. 4.14 c. he will come forth of himself and meet them and give them bread and wine as Melchisedek did to strengthen and confirm them that is the other sacrament of the body and bloud Then as a perpetuall high Priest and Mediator he doth blesse them and make intercession for them as Melchisedek did Abraham and his spirituall posterity in the person of Abraham as well Jews as Gentiles for in the person of Abraham Melchisedek blessed both the Jews as his children by Circumcision and the Gentiles as his children by faith Then must wee doe as Abraham did in his own and our person give tithe of all to Melchisedek and his Substitutes Melchisedek gave bread and wine really and we must also as Abraham did give him the tithe really And this tithe was not given to Melchisedek as a Leviticall duty but as a duty belonging to God both before the Law Ministravitist◠Melchisedek Abrahamo exercitui xenia multam abundantiam rerum optimarum simul exhibuit super epulas eum collaudare coepit benedicere Deum qui ei subdiderat inimicos Jos Antiquit. l. 1. c. 18. and in the time of the Gospel for Melchisedek met not Abraham with oblations and sacrifice like a Priest of the Law but with bread and wine the elements of the sacrament of the Gospel which in figure thereof are onely remembred in this place by the holy Ghost though Josephus mentioneth many other rich gifts at this very time plentifully given by Melchisedek to Abraham So that if Melchisedek in the person of Christ received tithe then doubtlesse is tithe due unto Christ and consequently to his Ministers This is the first place in Scripture wherein tithes be mentioned therefore some may think it the first time they were paid but that is no argument for so it is the first place where a Priest is mentioned yet no doubt Priests were before Noah performed the Priests office when he built an Altar No fish as though the curse extended not to the sea and offered of every cleane beast and fowl upon it Gen. 8.20 And it is very likely that Melchisedek himself had borne the office of a Priest many hundred years before he met Abraham though the Scripture doth not mention him till the meeting for if it be lawfull to enquire of that the holy Ghost revealeth not many great Divines are of opinion that he was Sem the son of Noah whom the Salemites had made their King and it may well be for it appeareth in Gen. 11. that Sem lived 600. years whereof 502. after the Floud and of them 209. in the life of Abraham So that to those of that new world that Abraham lived in I mean after the Floud he might well seem without father or mother or any beginning being born almost 100. years before the Floud and to have been a Priest for ever And then in like consequence he might have received tithes of divers other before he thus met Abraham for that use was common long before among the Heathen and likely it is that the Heathen rather learned it of the children of God then that the children of God should learn it of them as Hemmingius would have it who saith that Abraham gave these tithes of his own accord following therein without all doubt the manner of Conquerors which were wont to consecrate the tithe of the spoil unto their gods or to bestow it upon their Priests I read in Ovid that Bacchus who lived before this time having conquered the Indians and other Nations sent the first-fruits of the spoile magno Jovi to great Jupiter but whether Abraham either heard of it or took it for a Precedent that cannot I tell Te memor ant Gange totoque oriente subacto Primitial magno supposuisse Jovi Cinnama tu primus captivaque thura dedisti Deque triumphate viscera tosta bove Fastor li. 3. The next place of Scripture mentioning tithes is the 28. Gen. ver the last Jacob going upon his adventure voweth that if God will be with him in his journey and give him meat and cloth and so that he return safe then saith he the Lord shall be my God and this stone which I here set up as a pillar shall be Gods house and of all that thou shalt give me will I give the tenth unto thee Liv. l. 1. Romulus made the like vow for building the Temple to Jupiter Feretrius upon Mount Palatine Tatius and Tarquinius upon Tarpeius William the Conquerour for Battail Abbey But Hemmingius cannot say that Jacob did it by their example for they lived too too long after him I think rather that the law of nature and reason taught all Nations to render honour thanks and service unto God and that the children of God being more illuminate in the true course thereof then the Heathen by the light of reason could be first began the precedent and that then the Heathen dwelling round about them apprehended and dispersed it for the use of paying tithes even in those first ages of the world was generall as hereafter shall appear But Iacob doth not here bargain and condition with God that if God will doe thus and thus that then he shall be his God and that he will build him an house and pay him tithe and otherwise not but he alledgeth it as shewing by this means he shall bee the better enabled to perform those debts and duties that he oweth unto God and will therefore doe it the more readily The actions and answers of the Sages are in all Laws a law to their posterity Iustinian the Emperour doth therefore make them a part of the Civill Law The common Lawyers doe so alledge them and the Law of the holy Church hath always so received allowed them Non ideonobis proponi exempla justorum ut ab eis justificemur sed ut eos imitantes ab eorum justificatore nos quoque justificari sciamus Aug. lib. de Catechisand udibus Tom. 4. f. 218. And though Saint Augustine saith that the examples of the righteous are not set forth unto us that thereby we should be justified yet he addeth further that they are set forth to the end that we by imitating them may know our selves to be justified by him that justifieth them Why then should we now call tithes in question since we find them to be paid and confirmed by two such great Sages and Patriarchs Abraham Iacob Yea their payment practised generally by all the Nations of the world for 3000. years at least never abrogated by any Law but confirmed also by all the Fathers and Doctors of the Church and not impugned by a single Author as far as I can find during all the