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

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will deny but both are necessary and therefore let them also say whether they be ex Jure divino I mean Churches and Priests before the Law and Gospel CAP. VI. Concerning the Revenue and maintenance of the Church in her infancy first in Christs time then in the Apostles by a communion of all things and submitting all to the Apostles as in the Churches of Jerusalem Alexandria Rome and Africa How the Clergy had their allowance given them weekly or monethly per sportulas in baskets De jure sportularum concerning those baskets and the manner of them When Lands were first given The Church goods distributed by the Bishops and Officers under them The liberality of Constantine and other Emperors The piety and charity of the Clergy in spending their goods and means VVHilest the Church was in her foundation shee had no other maintenance then the poor private purse of our Saviour supported onely by the almes and contribution of his poor Disciples and followers for as himself had no house to live in so had he no rents to live on being therefore often in want he was constrained sometimes to use the power of his Godhead to supply the necessities of his Manhood and to call the fish of the sea to aid him with money miraculously Mat. 17. 27. while the beasts of the Land withheld their devotion from him unnaturally but whatsoever it was that his Godhead blessed his Manhood withall he divided it as appeareth in the Gospel of Saint John 13. 29. into two parts one for the sustenance of his family the other for relief of the poor Touching the part assigned to his family it was not curious nor superfluous no not at the great feast of Easter when others were so sumptuous and profuse his rule was then to buy the things they had need of And touching the provision of his house at other times we have twice an Inventory taken of it once in Matth. 14. 17. where it was found to be but five loaves and two fishes yea barly loaves another time Mat. 15. 34. but seven loaves and a few little fishes for himself and his whole houshold twelve Apostles in ordinary besides some servants and a multitude of Disciples hanging upon him extraordinarily All the beasts of the forest were his and so were the cattell upon a thousand hils yet read we not that he once killed so much as a Calfe for the provision of his family for flesh could not be had but for money and money going always low with him he used such kinde of victuals especially as might always be supplyed unto him by the industry of his Disciples from the common storehouse of nature the sea without being beholding or burdensome to any man In this frugality lived our Saviour touching his houshold expence that there might be the greater remanet for the poor and from this modell of the Church in his poor family was the great frame of the Universall Church first devised as well for raising as disposing of her Revenues the means of raising them from the oblations and devotion of the people the manner of employment of them for the necessity onely of the Minister and poor Thus much doth Augustine also declare upon the place alledged out of Saint John Tractat. 62. Habebat Dominus loculos c. Our Lord had his treasury or bagge wherein he kept the things that were offered by the faithfull and did distribute them to his family and such other as had need then first was the form of Church government instituted The Apostles following our Saviour exactly would not be rich servants of a poor master nor owners of any thing when their Lord himself possessed nothing holding it therefore not fit for them aut in imis consistere sed nec in mediis they reached at the highest garland of per●ection and because their master had said Let him that will be perfect sell all that he hath and give to the poor whatsoever was their own and whatsoever was given them by others they cast it all into the common treasury disposing it by their masters example to two uses onely Hospitality and Alms or works of charity in their hospitality they provided for the whole family of the Church then living with them at Jerusalem out of which arose the great businesse of serving the Tables spoken of in the Acts all of them jointly caring for every man in particular and every man particularly applying himself to support the generall Their alms and part assigned to them in necessity they dispersed fully and faithfully not onely to the poor of their own Town City or Countrey but wheresoever through the world the members of Christ had need And so carefull they were in employing these things to the highest benefit and honour of the church that Paul chused rather to live in want and earn his sustenance with his fingers then to diminish this blessed portion by taking his due share out of it Yea the only thing that the Apostles gave so precisely in charge one unto the other was in every passage that they should remember the poor Gal. 2. 10. Act. 11. 36. 2 Cor. 9. 3. as the bowels of Christ the darlings of the Church and those whom God especially had chosen to be rich in faith and heirs of the kingdome Jam. 2. 5. With this mortar I mean this blessed theologicall work of charity which S. Paul so highly extolleth above all other did our Saviour lay the first stones in the foundation of his Church and with it to hold uniformity did the Apostles build the second course commending the pattern to be for ever after pursued throughout all ages for whatsoever is built without it is like stones laid without mortar which cannot therefore couple together and grow into an holy Temple in the Lord as is required Eph. 2. 21. In the succeeding Church founded by Saint Mark the Disciple of Saint Peter at Alexandria in Egypt the same rule used before by the Apostles at Jerusalem was so precisely established that he thereby drew all Christians to follow his example insomuch that Philo Judaeus a famous Author of that time reporteth that not onely there but in many other Provinces the Christians lived together in societies and he calleth even then their habitations 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Monasteries saying that none among them possessed any thing to his private use no man was rich no man poor but all divided their substance to them in necessity disposing themselves wholly to Prayer singing of Psalms to matter of doctrine and to temperance Come lower down Dionysius Corinthius in an Epistle to Soter Bishop of Rome in the year of Christ 170. congratulateth with him that the Church of Rome still continued her ancient use in dispersing her goods in works of charity It is now growne to be an ancient custome with you to bestow many benefits upon all the brethren of the Church and to send maintenance to the Churches in
every City so that thereby you doe not onely relieve the necessity of the poor but of the brethren also which are condemned to the slavery of the metall Mynes and by this benevolence of yours which now you have used to send into all places even from the first Plantation of your Church your selves being Romans have diligently preserved the Romans custome instituted by the Fathers which also your Bishop the blessed Soter hath hitherto kept very diligently and by his laborious industry wonderfully advanced not onely in distributing lovingly unto the Saints the goods ordained to their maintenance but like a mercifull and milde father towards his children in exhorting the brethren which come unto him to vertue by blessed and devout perswasions I report this place at large for that this use continued exactly in the Church as Eusebius reciting it affirmeth till the great persecution under Maximinian and Dioclesian which began about the year of our Lord 304. being the age wherein Eusebius himself lived as he there also testifieth lib. 4. cap. 22. And that it was not thus in Rome onely but in Africa and other Churches it appeareth plainly by Tertullian in Apologet. cap. 39. where upbraiding the Gentiles with the piety and devotion of Christians he saith Etiam si quid arcae genus est c. whatsoever we have in the treasury of our Churches is not raised by taxation as though we put men to ransome their Religion but every man that will once a moneth or when it pleaseth himself bestoweth what he things good and not without he listeth for no man is compelled but left freely to his own discretion That which is given is accounted as Depositum pietatis the pledge of devotion for it is not bestowed in banqueting quaffing or gluttony but in nourishing and burying the poor and upon children destitute both of parents and maintenance aged and feeble persons men wracked by sea and such as are damned to the metall mines banished into Islands or cast into prison professing the true God and the Christian faith I might thus passe over the first 300. years of the Church but I desire to make it more apparent how the Clergy of those times lived as well for conversation as for maintenance The times to tell the truth were such as had not been from the very creation Times wherein God opened the windows of persecution and rained bloud upon his Church as he did water upon the world in the days of Noah and as in the planting of the Law he scourged the enemies of his people with ten famous plagues so now in the founding of the Gospel he tried his children with ten grievous persecutions by reason whereof the Clergy then aspired so generally to the crown of martyrdome that they prepared their bodies to this sacrifice by the austerest rules of conversation that they could devise contemning all worldly pleasure all curiosity of meat drinke apparel sustenance and necessities wasting their flesh with abstinence fasting thin cloathing going sometimes barefoot denying all things to every sense that it particularly delighted in applying themselves wholly to Prayer and Preaching to support and enlarge the Gospel and to be short to doe the work of Gods Vineyard faithfully in all things and laboriously as appeareth abundantly in Eusebius Nicephorus Socrates Ruffinus and other ancient Ecclesiasticall Authors These are they of whom the world was not worthy these gained every man his ten talents and sit now in the first seats of heaven next unto the throne of the Lamb. Touching their maintenance the means thereof arise chiefly as appeareth by Tertullian Origen Cyprian and others out of the oblations of the people benevolences first-fruits tithes c. which being continually offered at the Altar or brought into the treasury of the Church were one while employed in common to the diet and necessities of the brethren and Clergy but at length distributed by portions first weekly as it seemeth by a decree of Pius the first Bishop of Rome in the year of our Lord 158. after monthly as appeareth by an Epistle of Cyprian ad clerum lib. 4. Epist. 5. to every Priest particularly The manner how this was performed appeareth not sufficiently in the Authors of those times but I will recite the places in their own obscurities first touching that assigned to Pius Tom. Con. 1. pag. 125. Col. 6. Vt de oblationibus quae offeruntur à populo consecrationibus quae supersunt vel de panibus quos deferunt fideles ad ecclesiam vel certè de suis Presbyter convenienter partes incisas habeat in vase nitido convenienti ut post missarum solennia qui communicare non fuerunt parati Eulogias omni die Dominico in diebus festis exinde accipiant quae cum benedictione prius faciat Ex codice quinto librorum lib. 2. c. 117. And Cyprian in the place above cited p. 126. Caeterum Presbyterii honorem designasse nos illis jam sciatis ut et sportulis iisdem cum Presbtyeris honorentur divisiones mensurae aequalis quantitatibus partiantur whereby it appeareth that the Priests at this time which was about the year 240. had every man his allowance delivered monthly per sportulas that is by baskets whereupon they were called fratres sportulantes basket-brethren or brethren that lived on the basket and it may be that some understanding the words as we now use them for an alms basket could be contented that the Ministers lived in like manner at this day To deliver therefore that sacred and most honourable profession from such base imputation I hold it necessary to say something of this jus sportularum Sportula is sometimes used generally for every basket sometimes particularly for a Market basket or panyer and because the use among the Romans was to cast their Market money into this basket therefore that very mony and the Market meat it self also was called sportula Besides it is taken for a vessell a place a portion or provision of victuals So Sportula Salutatoria or Salutantium was a basket or messe of meat that the great men of Rome by way of congratulation doe give to the Cities which came to visit them Martial lib. 1. Ep. ad Flaccum Dat Bajana mihi quadrantes sportula centum Inter delicias quid facit ista fames And these great men had at the entry of their houses a place of purpose for keeping this kind of provision to bestow on their friends which place was thereupon also called sportula which Iuvenal seemeth to aim at under the name of limen primum Satyr 1. Sportula primo Limine parva sedet turbae rapienda togatae But expresly in his third Satyr Nonne vides quanto celebratur sportula fumo Sportula publica was a like distribution made upon some notable occasion by the Senate and Emperors of Rome to the people in lieu of the solemn feastings formerly bestowed on them which allowances being afterwards too niggardly abridged Domitian
want it in the chiefest of all that is in our habitations Againe he commandeth that they should be Hospitales Goodhouskeepers how should they be so if they have no houses to keep John Baptist lived in the wildernesse it is true and he was commended for it Christ did not so though he frequented the fields yet in that he gave no Commandement that his disciples should follow him for he appointed them to remaine in other mens houses What that they should goe sojourne where they listed The Commandement hath nothing to the contrary but the meaning is thereby apparent they must have habitations provided for them or else shake off the dust of your feet against them Mat. 10. 14. as much as to say let them be accursed So then our Saviour hath not repealed the Law of providing for the Levites unto his Ministers He could not give them Cities to possesse for his kingdome was not of this world But he appointed them to such places as themselves should choose among the children of the Gospell Doeth this differ from the Commandement of providing Cities for the Levites Doubtles no for as the Logitians say Conveniunt in eodemtertio They agree in this that the Ministers must have habitations provided for them as well in the Gospell as the Levites had under the Law Oh but they must have no inheritance among their brethren for the Lord is their portion Numb 18. 24. It is true the Lord hath communicated with them his owne portion viz. his tithes and his offerings as he did with the Levites therefore as the Levites had no share in the division of the Land so our Ministers must have no share with us in tilling the Land matters of husbandry for they are called from secular cares to spirituall contemplation but after the Israelites had their shares in the Land they yeelded portions to the Levites for their convenient residence and so must wee for our Ministers And so still the conclusion is they must be provided for Which to shut up the matter is invincibly ratified by our Saviour himselfe who in sending forth his disciples would not suffer them to take the least implements of sustenance with them because he would put them absolutely upon the care and charge of the congregation alledging a Maxime of the morall Law for warranty thereof that the labourer is worthy of his hire Mat. 10. 10. And therefore into whose house soever yow enter stay there Mat. 10. 11. CAP. V. What part in reason and by direction of Nature might seeme fittest for God It being agreed that some part by the Law of Nature is due unto God out of all the time of our life and the goods that we possesse it is now to be examined how far this Law of nature or reason may lead us to the discovery of that part or portion For which purpose we must for a while lay aside Canonicall Divinity I mean the Scriptures and suppose our selves to live in the ages before the Law was given that is in the time of nature And then let us propose this question to the Sages of that world and see what answer we are like to receive from them And first touching this question What portion of our time or goods were sittest for God It is like they would have considered the matter in this manner That God hath not any need either of our time or goods and that therefore he requireth them not in tanto that is to have so much and no lesse But on our parts it is our duty to yeeld unto him as much in quanto as we can conveniently for beare over and besides our necessary maintenance So that as Bracton saith of Hyde that tenants are to yeeld unto their Lords it must be honorarium Domino and not grave tenenti so much as the Lord may be honoured by it and the tenant not oppressed wherein if a second third or fourth part be too much so a twentieth or thirtieth seem also too little As God therefore desireth but an honourary part not a pressory so reason should direct us to give him that part wherein his own nature with the respects aforesaid is most properly expressed for the maxime or axiome which our Saviour alledged Date Deo quae Dei sunt give unto God the things that are Gods is grounded on the Morall law originally and therefore examining among numbers which of them are most proper and resembling the nature of God we shall finde that seven and ten above all other perform this mystery and that therefore they are most especially to be chosen thereunto therefore God in the Creation of the world following the light of nature chused the seventh part of the age thereof as Philo Judaeus in his Book De fabricatione mundi pag. 36. hath with singular and profound observations declared And because it may be demanded hereupon why he should not by the same reason have the seventh part of our goods also I answer that as touching the time of our life he giveth that unto us of his own bounty meerly without any industry on our part so that whether we sleep or wake labour or play the allowance thereof that he maketh unto us runneth on of its own accord and therefore we owe him the greater retribution out thereof as having it without labour or charge But as for the fruits of the earth we have them partly by our own labour though chiefly by his bounty and therefore he therein requireth his part as it were with deduction or allowance of our charges seeking another number be fitting the same The first place in Scripture wherein a Priest is mentioned is Gen. 14. 18. where Melchisedek is said to be the Priest of the most high God there also are tithes spoken of and paid unto him v. 20. Abraham gave him tithes of all The first place also where an House of God or Church is spoken of is Gen. 28. 18 22. there also are tithes mentioned and vowed unto God even by that very name whereby Parish Churches upon their first Institution in the Primitive Church were also styled that is by the name of Tituli Gen. 28. 22. Lapis iste quem posui in titulum erit Domus Dei omne quod dederis mihi decimas prorsus dabo tibi wherein it seemeth the Primitive Church at that time followed the translation then in use for Damasus in the life of Euaristus Bishop of Rome Anno 112. saith Hic titulos in urbe Roma divisit Presbyteris Tom. Concil 1. pag. 106. And speaking after of Dionysius who lived Anno 260. he saith Presbyteris Ecclesias divisit coemeteria Parochiasque Dioeceses constituit Tom. Concil 1. pag. 206. Thus Church and Tithe went together in their first Institution If there be no mention after of Tithes in the Scripture till the time of Moses that is no reason to exclude them for so also is there not of any House of God or Priest yet no man
God pag. 8 Cap. 6 Concerning the revenue and maintenance of the Church in her infancy first in Christs time then in the Apostles in the Churches of Jerusalem Alexandria Rome and Africa pag. 11 Cap. 7 That the service of the Levites was clean altered from the first Institution yet they enjoyed their Tithes pag. 33 § 1. Of Templar Levites § 2. Of Provinciall Levites Cap. 8 The great account made of Priests in the old Law and before pag. 42 Cap. 9 When our Saviour commanded the Disciples should take nothing with them but live of the charges of the faithfull this bound not the Disciples perpetually pag. 44 Cap. 10 That many things in the beginning both of the Law and the Gospel were admitted and omitted for the present or reformed afterward pag. 46 Cap. 11 That upon the reasons alledged and others here ensuing the use of Tithing was omitted in Christs and the Apostles time and these reasons are drawn ab expediente the other à necessitate pag. 51 Cap. 12 That Ministers must have plenty pag. 55 Cap. 13 Not to give lesse then the tenth pag. 57 Cap. 14 The Etymology and definition of Tithes and why a tenth part rather then any other is due pag. 67 Cap. 15 Who shall pay Tithe pag. 76 Cap. 16 Out of what things Tithe is to be paid pag. 79 Cap. 17 That things offered unto God be holy pag. 62 Cap. 18 Tithes must not be contemned because they were used by the Church of Rome pag. 64 Cap. 19 That the Tradition of ancient Fathers and Councels is not lightly to be regarded pag. 86 Cap. 20 Ancient Canons of Councels for payment of Tithes pag. 88 Cap. 21 In what right Tithes are due and first of the Law of Nature pag. 93 Cap. 22 How far forth they be due by the Law of Nature pag. 94 Cap. 23 Tithes in the Law of Nature first considered in Paradise pag. 97 Cap. 24 The time of Nature after the fall pag. 100 Cap. 25 That they are due by the Law of God pag. 104 Cap. 26 That they are due by the Law of Nations pag. 113 Cap. 27 That they are due by the Law of the Land pag. 129 Cap. 28 Tithe is not meerly Leviticall How it is and how not and wherein Iudaicall pag. 139 § 1. An Objection touching Sacrifice First-fruits and Circumcision § 2. Touching the Sabbath day Easter and Pentecost Cap. 29 How Appropriations began pag. 151 § 1. That after the Appropriation the Parsonage still continueth spirituall pag. 157 § 2. That no man properly is capable of an Appropriation but spirituall men pag. 159 § 3. What was granted to the King pag. 161 § 4. Whether Tithes and Appropriations belonged to the Monasteries or not pag. 163 § 5. In what sort they were granted to the King pag. 164 § 6. That the King might not take them pag. 165 § 7. Of the Statute of dissolution that took away Impropriations from the Church pag. 167 § 8. That the King may better hold Impropriations then his Lay Subjects pag. 169 An Apology of the Treatise De non temerandis Ecclesiis An Epistle to M. Rich Carew concerning Tithes A Treatise of Impropriations by Sir Francis Bigot Knight of Yorkshire An Epistle to the Church of Scotland prefixed to the second Edition of the first Treatise printed at Edinburgh Errata addenda IN the Introduction pa. 1. oweth r. onely Pag. 17. quinto r. quinque P. 18. Cities r. Citizens P. 20. Abraham r. Abel P. 67. T●●tum r. totum P. 68. quaestorum r. quaesitorum P. 75. caeduus r. arduus P. 78. guests r. gifts P. 82. N. F. r. ut ff P. 115. peret r. pe●et P. 117. Therumatus r. Therumahs P. 166. even christian r. emne christen Some places and quotations are defective in the originall and could not easily be supplied which the Reader may please to excuse till further search can be made In the catalogue of Benefactors and Restorers of Impropriations there is omitted among others The Right honourable Lo Scudamore Viscount Slego who hath very piously restored much to some Vicarages in Herefordshire whereof yet I cannot relate particulars fully Dr Fell the worthy Dean of Christ-Church in Oxon with the consent of the Prebendaries hath for his short time since he was Dean been very carefull and pious in this kind besides great reparations of the decayed and imperfect buildings and other necessaries of the colledge in renuing and granting Leases to the Tenants of Impropriations he hath reserved a good increase of maintenance to the incumbent Ministers in divers places and hath put things into a course for the like increase in other Vicarages as Leases shall happen to be renewed And much more might have been done if King Hen. 8. had not taken away the goodly Lands provided for that colledge by Wolsey giving Impropriations for them by which exchange he was a great gainer New Colledge Magdalen Coll and Queens Coll have done the like upon their Impropriations and some others have made augmentations also whereof the particulars shall appear hereafter upon perfect information The Introduction GOD hath created all things for his glory and must be glorified by them all in generall and by every of them in particular The celebration of this his glory he hath committed in heaven to the Angels in Earth unto Man Yea the devils declare his glory and Hell it selfe roareth it forth For this purpose he hath assigned unto man the circuit of the whole earth to be the stage of this Action and the place of his habitation whilst it is in hand He hath delivered unto him the wealth and furniture thereof to be the materials for performing of it and the meanes of his maintenance in the meane season And lest he should want leisure and opportunity sufficient for so great a busines he hath commanded the heavens themselves the Sunne the Moone the Starres yea the whole frame of Nature to attend upon him to apply their sweet influence unto him to assist him in all his indeavours and to measure him out a large portion of time and life for the full accomplishing of this right noble most glorious Vocation It is a rule in Philosophy that Beneficium requirit officium And we are taught by the law of nature that he which receiveth a benefit oweth to his benefactor Honour Faith and Service according to the proportion of the benefit received Vpon this rule was the ancient law not onely of England but of other Nations also grounded that compelled every man that had Lands or tenements of the gift of another to hold them of his Donor and to doe him fealty and service for them that is to faithfull unto him and to yeeld him some kind of vassallage though no such matter were once mentioned betweene them Yea at this day if the King give Lands to any man without expressing a tenure the Donee shall not only hold them of him but he shall hold them by the
establishment of the Gospel be impeached and turned out of the course thereof it rising in the midst of the enemies in the flame of persecution and with the opposition of the greatest Potentates in every Region It must therefore have the greater need of sundry Reformations some of the first lineaments must be wiped out some altered some as occasion served must be added or amended the Iudaicall ceremonies that for many years together were permitted in the cradle time of the Church must be taken away Paul that then suffered them now suppresseth them Col. 3. Gal. 3. ca. 4. c. 5. and the holy Ghost throughout all the Epistle to the Hebrews beateth them down for ever Thus as old branches be cut off so some new be ingraffed the Lords day the Feasts of Easter and Whitsontide not spoken of in the beginning are brought in at length Deacons are ordained presently after Christ Act. 6. 2. but no Bishops in 20. years after nor were they then particularly ascribed every one to his limit but many together over one City as at Ephesus Act. 20. 28. So women at first were admitted to be Deacons but time afterwards wore them out Christ commanded his Disciples that they should not goe from house to house but Paul saith I have taught you openly and from house to house Acts 20. 20. To conclude all could 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 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 Kingdome 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 flight always in persecution much lesse could they look after Tithes which also were not to be paid as they needed them but at the times and places onely when and where they grew to be due and ere 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 9. 32. one while at Lydda ib. another while at Joppa ib. v. 36. first at Jerusalem after at Antioch in Syria Gal. 2. 11. then at Babylon in Aegypt 1 Pet. 5. 13. Paul and Barnabas 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 Perga in Pamphilia so to the other Antioch in Pisidia Acts 13. after to Iconium 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 Cyprus Paul taking Silas travelleth through Syria and Cilioia 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 Theodoretus and Sophronius 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
have his portion Of all that thou shalt give me saith Jacob will I give the tenth unto thee and in the Gospel the Pharisee though braggingly yet according to the use of the righteous of that time saith I give tithe of all that I possesse as it seemeth even of his goods and dead commodities as of the fruits of the earth For I suppose that the Ancients paid tithes in two sorts some ex praecepto others ex arbitrio or placito some by commandement of the Law others out of their free-will and benevolence In the 31. of the 2 Chron. v. 6. it is said They brought the tithes Boum pecudum of oxen and sheep things tithed before whilest they were young as I conceive and not now again to bee tithed when they were grown to their full ages So in the 10. of Nehe. 37. they brought first-fruits of their dough yet no doubt their dough was tithed before in the corn it was made of therefore I take these tithes to be tithes ad placitum in the election of the party whether he will give them or not but if he doe allot them to God he is tyed like Ananias and Sapphira to perform them faithfully for they then become due ex praecepto for he that voweth unto the Lord is commanded not to break his promise Numb 30. 3. And these kind of tithes no doubt were often paid by the godly sometime upon generall occasion as that of Hezekiah sometime of particular as that pretended by the Pharisee Military spoil and the prey gotten in war is also tithable for Abraham tithed it to Melchisedek and thereof if we may depart a little out of the circle of holy Scripture into the Histories of the Gentiles who even by instinct of nature found this duty to belong unto God we abound with examples thereof as paid by Cyrus at the taking of Sardis by Furius Camillus upon the overthrow of the Veians by Alexander the great upon his conquest of Arabia when he sent a whole ship laden with frankincense for the Altars of his gods But occasion to speak of these shall serve me better afterward and therefore to return to that is more materiall The example of Abraham in this point of tithing the prey teacheth us also that we give God a tithe out of every accession of wealth that he sendeth to us in any course whatsoever so that the gains of buying and selling and the great improvement arising by merchandise is under this title both registred and commanded I know not what the rich City of London doth in this kind but I read in Herodotus that the poor Samians yeelded at one time sixe talents to that purpose and that the Siphnians out of their silver and gold Mines sent so great a tithe to Delphos as the richest man of that age was not more worth St Augustine saith Vnusquisque de quali ingenio aut artificio vivit de ipso decimam Deo in pauperibus vel in ecclesiis donet Let every man out of the trade or craft whatsoever he liveth by give God the Tithe De rectitud Cathol conversat Tractat. Tom. 9 f. 250. CAP. XVII That things offered to God be holy I Must first explain what I mean by holy and that is not that they are divine things or like those of the Sanctuary which none might touch save the anointed Priests But like the lands and possessions of the Levites mentioned in Leviticus that were said to be holy and separate from common use and separate from man Levit. 27. 28 29. that is from the injury of secular persons and to be onely disposed to and for the service and servants of God defensum munitum ab injuria hominum N. F. de rer divis L. sanctum as the persons of Emperors and Kings are said to be holy and sacred for as the Altar sanctifieth the offering Mat 23. 19. so these things being offered to God are by this very act of oblation made holy and taken so into his own tuition as they may not after be divorced Wo be therfore to the Scribes and Pharisees that devour widows houses Mat. 23. 14. how much more wo then unto those that destroy the house of God and by divorcing Christ from his Spouse the Church make him also a widower and his Church a widow and so devour both the widows house and the widow her self But some are of opinion that the Church it selfe is no longer holy then while the service of God is in hand therein as the Mount and the Bush were no longer holy then while God was there and by that reason a Church and an Ale-house are of like sanctity for a man may preach in an Ale-house and minister the Sacraments in an Ale-house and occasion sometimes doth necessarily require it And what is their reason hereof why their reason is that consecration of places and of the implements belonging to the service of God were Leviticall ceremonies and therefore ended with the Leviticall Law These men reason as if before the Leviticall Law there had been no rules of Gods honour and as though the Morall Law and the Law of nature taught us nothing therein Doth not God himself leave the precepts of the Leviticall Law and reason with the Israelites out of the Law of nature Mal. 3. when he saith will any man spoil his goddesse as if he should say that the Law of nature hath sanctified those things that are offered unto God and therefore will any man violate the Law of nature Doth not Saint Paul reason also in the same sort when he saith Despise ye the Church of God 1 Cor. 11. 22. If I should apply the places of Scripture that are spoken of the great reverence of the Temple it would be said that that were Leviticall but the office of the Temple was Morall as well as Leviticall and therefore though these be ended yet the other the Morall remaineth When Christ had cast the oxen doves that were for the Leviticall service out of the Temple yet he said that it was an house of Prayer as figurating that after the ceremonies were ended and gone yet the Morall office of the Temple to be an house of Prayer still remained Saint Paul 1 Cor. 11. 22. when he saith Despise yee the Church of God speaking it as if he wondred that any should be so irreligious or rather sacrilegious to despise the Church and no man I think doubteth but that this was spoken of the materiall Church for he blameth them that did use unseemly drinking in the Church See the first Treatise of the rights and respect due § 10. Of the three severall places and three functions of the Temple and how the last continueth holy for Prayer Doctrine and instruction of the people which therefore had in it no Ceremoniall implement at all CAP. XVIII Tithes must not be contemned because they were used by the Church of Rome IF we should reject Tithes because
they were used by the Church of Rome by the same reason we must also reject our Churches but the Apostles used both the Synagogues and the Temple it self after Christs Ascension though they were polluted with the doctrine and ceremonies of the Jews and therefore we are not to reject Tithes and other things profitable to Gods service because the Papists used or misused them The Censors ordained for Gods honour were impiously abused by Corah Dathan and Abiram yet God rejected them not but commanded them to be still employed in some better course of his service namely in making plates for the Altar Numb 16. 38. And by this Scripture doth Huge and Origen reprove them that judge the works of an heretique to be burned without preserving the good things in them and the Altar to be pulled down whereat a Schismatique hath ministred Hugo in Genes 16. fol. 136. a. and Origen in Homil. 9. sup Num. fol. 104. God refused not the burnt-offering of Gedeon though he made it with the idolatrous wood of Baals grove yea himself commanded it so Judg. 6. 26. and in the Gospel the offerings of the proud Pharisees were as well received into the Treasury of the Temple as the mite of the poor widow When Jericho was destroyed and accursed yet God required the gold and silver for his holy utensils Jos. 6. 19. For though filthy gains are forbidden to be offered unto God yet good things because they have been abused are not forbidden to be offered unto him When the pottage provided for sustenance of the children of the Prophets was infected by him that threw in the wilde gourdes or colloquintida Elisha the Prophet commanded them not to be cast away but cleansing them from their infectious venome used them still for food of the children 2 Kings 4. 38. So if the pottage of the Ministers have been abused with Roman Colloquintida purge the infection but take not their pottage I mean their Tithes from them Aristophanes bringeth in Hercules laughing to see effeminate Bacchus clad in the Lions skin but we may well lament to see a spruce Castilio and his masking mistresse trickt and trimmed up with those Church-livings that godly and grave men in times past gave for maintenance of Gods service and the Ministers thereof I can but wonder what should move Flacius Illyricus a man so conversant in the history of the Church to affirm that Tithes were lately extorted by the Popes and that they were first imposed by Pope Pelagius in the Councell Anno 588. unlesse his meaning be that in elder times they were paid at pleasure and now first commanded to be paid of duty which construction though contrary to the understanding of a common Reader if we doe allow him yet is it untrue also for that Councell reciteth that they had been paid before of long time and that by the whole multitude of Christians and as due by the Word of God and consequently not at pleasure Concil Matisconense 2. c. 5. Anno 588. Tom. 2. So that this Councell did but revive and quicken the cold devotion of that time and not inferre new matters unheard of before CAP. XIX That the Tradition of ancient Fathers and Councels is not lightly to be regarded IT appeareth by divers ancient Fathers and Councels that Tithes were paid long before their times in the Primitive Church and were unto the age of the Apostles though little memory thereof remaineth in the Authors of those times And shall we not beleeve the Fathers received such instruction from their elders Doth not God bid us ask after the days of old and the years of so many generations saying Ask thy father and he will shew thee thine elders and they will tell thee Deut. 32. 7. If we shall not beleeve them why should we ask them and why did the children of Israel complain that their Fathers heard not the words of the book of the Law 2 Kings 22. 13. but because they therefore could not report it to them their children Shall we think nothing to be done but what is written doth not the Evangelist tell us that if all were written that Christ did he supposed the world could not contain the books Joh. 21. 25 are not many actions of elder time alledged in latter Scriptures and yet no testimony of them in the former it is said 1 Chro. 26. 18. that Samuel Abner and Joab dedicated many things unto God yet their story reporteth no such matter Solomon is noted 1 Chron. 10. to have kept a famous Passeover yet is there not a word of it in the history of his time Fasting was brought into the Church before Christ and the use also of building of Synagogues but it appeareth not when or how Paul alledgeth that our Saviour said It is better to give then to take Act. 20. 35. yet no Evangelist doth mention it 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
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 these times come farre short in their duties and may bee upbraided with these examples Which are here more largely insisted on to shew the impiety of many men in these last days who are more inexcusable then ever any people were because we have the rules and practice of all ages set before us for our direction as before the Law of Moses in Abraham and Jacob and likewise under the Law during the Priesthood of Aaron and since under the Gospel abundant light to guide us besides all the Records Histories and Monuments of Gods judgements in former times to instruct us All which saith the Apostle 1 Cor. 10. are written and recorded for our admonition upon whom the ends of the world are come If we therefore offend now we are greater sinners then any former people as sinning against conscience knowledge and examples of all ages and like to the servant that knew his Masters will but did it not who therefore must be beaten with many stripes CAP. XXVII That they are due by the Law of the Land AS they are due by the law of Nature and of Nations by the Law of God and of the Church so are they likewise due by the very Temporall Laws of the Land as well ancient as later therefore Edward the elder and Guthrun Saxon and Danish Kings punished the not payment of Tithes by their temporall Constitutions Lambard 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 54. Tom. 1. Concil Britan. pag. 392. King Athelstan about the year of our Lord 924. not onely decreed them to be paid by himself his Bishops Aldermen and Officers but maintaineth that his Law by the example of Jacob saying Decimas meas hostiam pacificam offeram tibi and by other effectuall Authorities providing precisely that his owne Tithes should diligently be paid and appointing a time certain for doing thereof viz. the feast of the decollation of S. John Baptist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pa. 57. Tom. 1. Concil p. 402. King Edmund about the year 940. in a solemn Parliament as well of the Laity as Spiritualty ordained that every man upon pain of his christendome and being accursed should pay them truly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 73. Tom. 1. Concil pag. 420. King Edgar in a great Parliament about the yeare 959. confirmed the payment of Tithes assigning certain times when every thing should be paid viz. the Tithe of all young things before Whitsontide of the fruits of the earth by the harvest aequinoctiall i. about the 12. Septemb. and of seed by Martimas and this to be done under the pain mentioned in the Book of the Lawes of the Land whereby it appeareth that the Laws of the Land had anciently provided for the payment hereof though the Book remaineth not to us at this day as well as the Laws of the Church And he further enacted that the Sheriffe as well as the Bishop and Priest should compell every man to pay their Tithes and should set it forth and deliver it if they would not leaving to the party offending onely the 9th part and that the other eight parts should be divided four to the Lord and four to the Bishop and that no man should herein be spared were hee the Kings Officer or any Gentleman whatsoever 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 77. Tom. 1. Concil pa. 444. King Canutus about the yeare 1016. made the like Law with some little enlargement as appeareth in his Laws ca. 8. and as Malmesbury testifieth strictly observed all the Laws of the ancient Kings de gestis Regum Angl. lib. 2. p. 55. And he wrote also about the 15. year of his reign from beyond the seas a long letter to all the Bishops and Nobility of England conjuring them by the faith that they ought both to himself and to God that they caused these Lawes touching Tithes and Rights of the Church to be duly executed and the Tithes to be paid as abovesaid Malmsb. p. 74. But King Edward the Confessor about the year 1042 made all certain namely that Tithe was due unto God and should be paid the tenth sheafe the tenth foal the tenth calf the tenth cheese where cheese was made or the tenth days milk where there was no cheese made the tenth lamb the tenth fleece the tenth part of butter the tenth pigge and that they that had but a calfe or two should pay for every of them a penny And to this price is the Parson generally holden at this day when ten of our pennies are scarcely worth one of that time He also ordained that Tithe should be paid of bees woods meadows waters mils parks warrens fishings coppises orchards and negotiations and out of all things saith the Law that the Lord giveth the tenth is to be rendred unto him that giveth the nine parts with the tenth and bindeth the Sheriffe as well as the Bishop to see this executed And all these were granted saith the Book by the King Barons and Commonalty as appeareth in those his Laws cap. 8. and Hoveden Annal. part poster pag. 602. Long after the learned Author had written this he published the first Tome