to encrease the portion of the Minister in the Vicarage of Pitchley in Northamptonshire belonging to his Bishoprick and so did his successor Dr Wright for the Vicarage of Torcester also in the same shire which was very piously done considering what great Lands and Manours were taken away from that Bishoprick among others and some Impropriations given in lieu of them Besides this present Parliament hath taken singular care to augment the maintenance of many poor Vicarages and other small Livings wherein they have proceeded carefully and have made many additions to severall poor benefices for the better inabling of the incumbent Ministers to be faithfull and diligent in their callings And while Six Hen. Sp. lived there came some unto him almost every Terme at London to consult with him how they might legally restore and dispose of their Impropriations to the benefit of the Church to whom he gave advice as he was best able according to their particular cases and inquiries and there wanted not others that thanked him for his book promising that they would never purchase any such appropriate Parsonages to augment their estates Whereby it appears how effectually the consciences of many men were moved with his moderate and pious perswasions and himself was much confirmed in his opinion of the right of Tithes which moved him to consign his works of this argument besides others to my care with direction to publish them as is also expressed in his last Will and Testament Whereupon I hold my self obliged in conscience and duty to God and to the memory of this excellent Knight to whom I was infinitely obliged for his instructions conferences and favours which I enjoyed in the course of my studies many years frequenting his house and company not to conceal these works any longer from the publique view but to publish them to the benefit of the Church and servants of God now especially when prophanenesse hath so licentiously overflowed and the covetous wretches and Mammonists of this world have begun to withdraw and deny their Tithes muttering that they are Popish and superstitious and therfore to be rooted out as their language is wherein yet the Parliament hath honourably discovered their zeal and care by their censure and check upon the Petition against Tithes exhibited in May 1646. and by their Ordinance providing for the true payment of all tithes rights and dues to the Church as more fully appears therein Wherein they have followed the moderne and ancient Lawes as that expression of the Act of Parliament 27 Hen. 8. cap. 20. That whereas numbers of ill disposed persons having no respect of their duty to Almighty God but against right and good conscience did withhold their Tithes due to God and holy Church as in that Statute is more at large expressed So in the 12. Tables Sacrum sacrove commendatum qui dempserit rapseritve parricida esto It being accounted sacriledge by all Laws to take away such things as have been formerly given to God for so they were given expresly to God as Magna Charta saith Concessimus Deo we have given to God for us and our heirs c. So Charles the great We know that the goods of the Church are the sacred indowments of God To the Lord our God we offer and dedicate whatsoever wee deliver to his Church Cap. Car. lib. 6. So Tully anciently Communi jure gentium sancitum est ut ne mortales quod Deorum immortalium cultui consecratum est usucapere possint So Calvin Sacrum Deo non fine insigni in eum injurin ad prosanos usus applicatur Instit li. 3. cap. 7. § 1. Tithes therefore being consecrated unto God ought carefully to be preserved in these days in regard the Church enjoyeth not the tithe of the tenth which formerly it had and hath also to this day among the Papists who doe not take away from the Church but are ready to restore as they have done in many Countries CONTENTS OF THE SEVERALL TREATISES AND CHAPTERS The larger Book of Tithes containing these particulars following The Introduction to it Cap. 1. VVHat things be due unto God first a portion of our time pag. 1 Cap. 2 The second sort of tribute that we are to render unto God that is a portion of our land pag. 2 Cap. 3 That the portion of land assigned to God must be sufficient for the habitation of the Ministers pag. 3 Cap. 4 That Christ released not the portion due to God out of our lands pag. 6 Cap. 5 What part in reason and by direction of nature might seem fittest for 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
His command to his disciples Not to take ought with them bindeth not Ministers now Sp. 44. His miracle of the loaves how to be imitated by his Ministers Sp. 55 56. His living upon almes tieth not Ministers to the same course Sp. 55 Church its etymology and signification Ap. 11 12. See 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 There were Churches and Priests and Tithes before the Law Sp. 10. Church-maintenance in the Primitive times what and how imployed Sp. 16-24 No expresse command for the building of Churches Sp. 110. Of the holinesse of Churches Sp. 82. Churches and Ministers necessary Ap. 15. Whether the Church may possess lands and temporalties Sp. 24. c. Of the maintenance of the Church of Jerusalem Sp. 13. Alexandria Sp. 14 Rome Sp. 14. Africa Sp. 15. The Church of England a while ago the most flourishing in Christendome St. 20. Churches in England how many appropriate how many not Ap. 16. See Clergy The miserable condition of the Greek Church R. 26. Church-government why so long in settling Sp. 46-51 Circumcision and sacrifices intermitted in the wildernesse Sp. 47. Why seeing it was before the Leviticall law did it expire with it Sp. 147 Clergies immunities how large once how now infringed St. 13. English Clergy taxed with luxurie Ap. 16 17. How much the present Parliament hath already done in favour of the Clergie R. 1 That it is very probable it will continue their antient maintenance by Tithes R. 2 c. Clodoveus King of France Sp. 178 Committee-men deciphered R. 7.12 Communitie of goods among Christians for how long R. 22 Consecration of things and persons why ordained Sp. 180 Constantine the Great his pious munificence St. 6. Sp. 24 Cool of the day Gen. iii. 8. what Sp. 98. 1 Cor. xi 18 20 22. expounded Ap. 10. c. D DAlmaticae vestes in what reverence amongst the ancient Clergy Sp. 176 Why worn by Kings at their Coronations ibid. Deacons distributers of Church goods Sp. 23. Antienter then Bishops Sp. 50. Of women-Deacons Sp. 51 Decimae or decima whence derived Sp. 67 70 Decimus Decumanut Decimare Exdecimare Sp. 75 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whence derived Sp. 67 70 Deodate's Testimonie concerning our Church St. 20 Sir William Dodington St. 22 Drusius put to hard shifts St. 19 E EAster Sp. 50. concerning the grounds and time of its observation Sp. 149 Edgar See Kings Edward the Confessor See Kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. xi 12. signifieth a materiall Church Sp. 84. Ap. 1 2. 6-11 Eleven This number signifieth sinne Sp. 73 Enoch's translation an Embleme of the Sabbath Sp. 99 Examples and sayings of wise men a law to posterity Sp. 110 Excommunication exercised by the King of Spain Sp. 181 Exod. xxii 29. Non tardabis expounded Sp. 103. 140 F FAsting practiced and allowed though not commanded Sp. 48. When it was first brought into the Church uncertain Sp. 87. First-fruits or Annates paid to Priests by the law of Nature Sp. 102.108 why then abrogated with the Law of Moses Sp. 144 c. When first imposed on the Clergy St. 12 The Floud a kind of tithing of the world Sp. 99 G GAvelkind what R. 14. Gen. xiv allegorically expounded and applied to the Church under the Gospel Sp. 104 c. Glastenbury-Abbey Sp. 183 Glebeland when letten must pay Tithe Sp. 79 Gods glory the end of all things Introd What duties we ow to him for his bounty Ibid. Ep. 1. He had a portion of Time Place Fruits even in Paradise Sp. 97 Why he requireth the tenth of our goods and but the seventh of our time Sp. 9 See Tenth The best part of every thing is his due Sp. 67 68. and that such a part as implieth the whole Sp. 72. Things offered to him how holy Sp. 82. 168. What may be known of God by the light of Nature Sp. 95. Trismegist's description of God Sp. 70. The Thoes destroyed for their neglect of the gods Sp. 123 Good things though abused by some may lawfully be used by others Sp. 84 c. Ms. Elen Goulston her beneficence to St. John's in Oxford St. 22 Greek Church poore every way R. 26 H Sir Ralph Hare a Benefactor to St. John's in Cambridge St. 21 23 Heathens how liberall to their gods Sp. 114 c. Their examples fit to be proposed to Christians Sp. 116. Their devotion will rise up in judgement against our sacriledge Sp. 117. 127 128 Henry the Eighth's speech concerning Abbey-lands c. Sp. 166. His virtues and acts especially his shaking off the Romish yoke highly commended B. 1 2 Hercules his offering how profuse Sp. 117. 124 Baptist L. Hicks a great friend to the Clergy St. 22 Holinesse of things dedicated to God Sp. 82 Hospitalers A question concerning them and the Templars Sp. 160 Hospitulity being the Ministers duty the people must afford him a certain maintenance Sp. 16 I J JAcobs vow concerning Tithes Sp. 109 Idolatry The rise of it Sp. 43 Jews paid for more to their Priests then Christians St. 9. How forward and chearefull they were in their payments St. 11. They received Priesthood from the Gentiles Sp. 44. 102. The chiefe Judges and Officers among them were Levites Sp. 38 39. Of their Courts of Justice Sp. 40. Their Ceremonies why so long permitted under the Gospel Sp. 48. c. Impropriations See Appropriations John iii. 23. Mystically expounded Sp. 105 Isa lvi 7. expounded Ap. 10 Just It is folly to say a thing is therefore just because the Law of the Land alloweth it Sp. 172 K KIngs Alured the first anointed King of England Sp. 177. His virtues and famous acts ibid. Clodoveus the first King of France that received unction Sp. 178. Kings of Spain neither anointed nor crowned till Jerusalem and Sicil fell to them Sp. 179. The King of England chief King of Christendome ibid. The Papists deny our Kings spirituall power yet was it granted by a Pope Sp. 178 179. The King of Spain hath and exerciseth the power of Excommunication Sp. 181. Kings of England antiently assumed and used Ecclesiasticall authority Sp. 181 c. as appeareth by the examples of Edward the Confessor Sp. 181. Edgar and nine of his predecessors Sp. 182 c. of the Kings of Mercia Sp. 185. Of William the Conqueror Sp. 186. and William Rufus Sp. 188. Kings were wont to seek confirmation of their Lawes from Popes and Councels of their Canons from Kings Sp. 184. Kings have an Ecclesiasticall as well as civill power Sp. 155. Otherwise they could not govern both Church and State Sp. 174. c. As the sword is an embleme of their temporall so are Oil vestis Dalmatica of their spirituall jurisdiction Sp. 175 c. What Kings were wont to bee be anointed Sp. 176. The Kings Chappell antiently under no Ordinary but himself onely Sp. 155. 186 188. Christians ought to be subject to their Kings though Heathen Sp. 174. What was granted to the King by the Statute of Dissolution Sp. 161
c Kings ought not to invade the peoples possessions much lesse Gods Sp. 167. See Appropriations Mr. Richard Knightley St. 22. Knowledge Tree of Knowledge Gods part Sp. 98 John Knox his letter to the Generall Assembly Sc. 5. S LAnd some portion thereof to be given to God Sp. 2 c. Origen's opinion of Clergy-mens enjoying Lands Sp. 21 Lawfull See Unlawfull Lawes Humane Lawes ever imperfect often wicked must yield to the Law of Nature and of God Sp. 172 173. They may give a man jus ad rem not jus in re Sp. 173. Law of Nations what Sp. 113. Laws of our English Kings for payment of Tithes Sp. 129 c. Law of Nature What Sp. 94. What we learn thence of Gods Nature and the duties we owe to him Sp. 95. The Law of Nature oft better observed by barbarous people then civil Sp. 124. See Leviticall Learning by whom first planted in England Sp. 177 Levites how small a part of the Jewish Nation St. 14. yet how largely maintained St. 9 c. Of the land assigned them to dwell upon Sp. 2 c. Their service about the Tabernacle Sp. 33. about the Temple Sp. 35. Their divisions and offices Sp. 35 36. Provinciall Levites received Tithes as well as the Templar Sp. 37. See Provinciall Their portion far less then the Priests Sp. 57. They stood not charged with the cure of soules as Ministers now Sp. 58 Leviticall Law how far abrogated Sp. 111 Many Morall Precepts intermingled with it ibid. The frame of Leviticall ceremonies compared to Nebuchadnezzar's image Sp. 144. Leviticall rites of two sorts Naturall Adoptive Sp. 145 The Lords day when first observed Sp. 49 M MAn how furnished for the glorifying of God Sp. Introd What duties he oweth to God for his beneficence ibid. What portion of his time Sp. 1 What of his Land Sp. 2 c. What of his goods Sp. 3 c. Charles Martell the first Christian that offered violence to Tithes Sp. 31 Melchisedech thought to have been Shem Sp. 108. His story mystically expounded Sp. 104 c. Merchants and tradesmen ought to pay Tithes out of their gains Sp. 81. 131 Middest of the garden Gods place Sp. 98 Ministers called Priests by Isaiah Sp. 143. They receive much lesse then the Priests of old St. 9 c. 14. though they deserve much more St. 12 Sp. 58 c. Whether and how they may hold temporalties Sp. 24 c. They ought to have a plentifull and certain maintenance Sp. 55 56. Sc. 3. R. 24 25. A sufficient quantity of land Sp. 4. and a convenient habitation Sp. 6. How they were maintained in the Primitive ages of the Church Sp. 16 c. Their charge and pains how great Sp. 58 59. Their portion is not to be accounted the price of their Doctrine but the reward of their travell Sp. 59. A set Ministery is necessary Ap. 15. To deprive them of their maintenance is sacriledge Ap. 15. wors then putting them to death Sc. 2. They ought to doe their work though defrauded of their hire R. 26. Whether their Livings should be equall R. 10 11. Tithes no necessary cause of distraction and trouble to them R. 14.24 See Clergy Priests and Tithes Monasteries See Statute and Appropriations Money The rate thereof how uncertain St. 18. Sp. 131.153 R. 5. N NAture See Law Ninth part over and above the Tenth paid to the Clergy St. 15. Sp. 30. 91 Numbers Great mysteries attributed to them both by Heathens and Christians Sp. 68 c. O OBlations of Primitive Christians how employed Sp. 14 c. Offerings due to God by the Law of Nature Sp. 96. P PAradise a modell of the Church Sp. 97 c. See God Parish Churches stiled Tituli Sp. 10 Parliamentary power in Theologicall matters what Sp. 156 157. See Clergy Passover and other Feasts seem to have been but rarely observed Sp. 47 St. Paul's travels Sp. â—â— Pentecost why celebrated by Christians Sp. 150 Peoples mind how variable Sp. 56 St. Peter's travels Sp. 53 Polygamy though at first forbidden yet long permitted Sp. 46 Poor how carefully relieved by Christ Sp. 11. his Apostles Sp. 13. and the Primitive Christians Sp. 14 c. What discretion is to be used in considering their necessities Sp. 22. Who of old were wont to distribute Church goods unto them Sp. 23. They are Christs Proctors Substitutes Publicans to gather up his rents Sp. 78. How dear they are to God Sp. 97 Prayer a duty that we learn from nature Sp. 95 96. Price of things See Rate Priests before the Law Sp. 10. 42. 100. 108. The originall of Priesthood Sp. 42. 100. Priests of what dignity in antient times Sp. 100. Of their maintenance before the law Sp. 101 c. Priests maintenance among the Jews far larger then among Christians St. 9 10. Their courses appointed by David Sp. 35. 38. Their part much greater then the Levites Sp. 57. Ministers of the Gospel called Priests Sp. 143. The charge and pains of Leviticall and Evangelicall Priests compared Sp. 57-60 See Ministers Provinciall Levites of what learning dignity and authority in the Jewish Common-wealth Sp. 38 c. Psalme lxxxiii expounded against sacrilegious persons Ap. 13 Q Questions of Diuinity where and by whom to be decided Sp. 156 R RAte of money and commodities how various R. 5. See Money Reformation never perfect at once but accomplished by degrees Sp. 30. 46 c. Witness that hereunder Henry viii and Edward vi Sp. 170 c. Restitution of Impropriations to the Church it an act not of bounty but duty Sp. 169 S SAbbath by whom and why changed Sp. 111. Difference between the Jewish Sabbath and ours Sp. 148. There was more ceremony in the Sabbath then in Tithes Sp. 148 Sacrifices almost wholly neglected in the wilderness Sp. 47. The ground and reason of Sacrifices Sp. 145. why they were burnt Sp. 146. Seeing they were taught by the instinct of Nature Sp. 42. 95 96. Why are they abolished by Christ Sp. 144-147 R. 23. Sacrificing in the high places unlawfull yet for a time accepted Sp. 46 Sacriledge for bidden St. 7. Christ discoverred his zeal more against this sinne then any St. 16. No sinne tendeth more to the overthrow of Religion Sc. 2. Humane Laws against it St. 25. Sp. 155. 161. Wo to them that are guilty of it Sp. 82. 134-139 168. How it cometh to abound so much in Scotland Sc. 1 2 Scotland grievously overrun with Sacriledge Sc. 1. Rollock sharply inveigheth against it Sc. 4. and so doth Knox Sc. 6 Lord Scudamere Viscount Slego St. 26 Sr. James Sempill's Book of Tithes St. 4 Servants in some places pay Tithe out of their wages Sp. 80 Seven a mysticall number Sp. 113. No Simony in Ministers to receive maintenance from the people Sp. 59. Abolishment of Tithes no prevention of Simony R. 13. Souldiers ought to pay Tithes of their spoils Sp. 81. Heathen Souldiers have oft done so Sp. 114-120 Sr. Henry Spelman's worth
Ascanius Augustinus Bagshaw Balaeus Barclay Baronius Bartholomaeus R. Bechai Beda Bellarminus Bertramus Binius Blunt Bracton Bullingerus Burchardus Caelius Rhodiginus Caesar Calvinus Camdenus Carlton Casaubonus Vincentius Chartarius Chaskoni Chrysostomus Cicere Codinus Codomannus Sr. Edward Coke Concilia Cyprianus Cyrillus Hierosol Daniel Didymus Dier Dioderus Siculus Dionysius Corinthins Dionysius Exiguus Dionysius Halicarnasseus Domitsus Ennius Eusebius Festus Flaccus Illyricus Fortescu J. Fox A. Gellius Gennadius Gillespie Gratianus Gregorius M. Grotius Valerius Harpocration Hemmingius Henricus Huntingdoniensis Herle Hermes Trismegistus Herodotus Hollinshead Hospinianus Hostiensis Rog. Hovedenus Hugo Cardinalis R. Jarchi Ignatius Jornalensis historia Josephus Isidorus Juvenalis Knox. Lactantius Lambard Lindwood Littleton Livius Lorinus Lucanus Macrobius Guil. Malmesburiensis Manwood Marloratus Martialis Petr. Martyr Matthaeus Parisiensis Metaphrastes Molinaeus Montagu Nettle Nicephorus Onkelos Origenes Ovidius Papias Parsons Panlus Diaconus Pausanias Perkins Perottus Philo. Platina Plato Plantus Plinius Plowden Polton Prosper Raimundus Rastall Rivetus Roberts Rollock Salianus Sr. Edwine Sandys Geo. Sandys Scaliger Sclater Selden Seneca Servius Sigonius Silius Italicus Sleidanus Sophronius Soto Spelman Strigelius Suetonius Suidas Surius Tertullianus Theodoretus Theophylactus Trebatius Valentinus Gentilis Valerius Flaccus Valerius Probus Varro Wicleff Xenophon Zonaras Zepperus A Catalogue of other printed Books of Sr. Henry Spelmans which are to be sold by Philemon Stephens at the gilded Lion in Pauls Church-yard 1. COncilia Decreta Leges Constitutiones de Re Ecclesiarum Orbis Britannici ab initio Christianae ibidem Religionis cum Annotationibus non minus piis quam doctis Opus Antiquitatis studiosis apprime gratum utile 2. Glossarium eruditissimum in que prisci Ritus quamplurimi Magistratus Dignitates Munera Officia Mores Leges Consuetudines enarrantur 3. Psalterium Davidis Latino-Saxonicum à Jo. Spelmanno Henrici F. è Patus Bibliotheca in lucem editum ubi ad finem uniuscujusque Psalmi preces optimae in animum Psalmi reperiuntur 4. De non temerandis Ecclesiis or Of the right and respect due unto Churches which are not to be violated 5. De Sepultura TO THE VVORSHIPFVLL My much Honoured friends John Crew Esquire and Richard Knightley Esquire worthy Patriots of our Country Northampton-Shire I Addresse unto you both these severall Treatises not onely out of duty and obligations to your selves but in regard of your publike good affection to maintain the patrimony of the Church in Tithes which is so fundamentally setled by our Laws that nothing can be more certain by them And the times now growing dangerous to the whole state of the Clergy in this particular your selves having declared your opinions for Tithes and accordingly been careful to preserve us in our rights I hope this my service will be acceptable to you what farther may be done depends upon Gods providence and the good endeavours of all pious men to afford their best assistance Seeing the Parliament hath honourably declared themselves for Tithes both by their Ordinance and the repulse given to some Petitioners against them For mine own part though I expect censure and opposition from many yet as an Ancient said In causa qua Deo placere cupio homines non formido I have therefore in this needfull time at the earnest request of many adventured the rather to discharge the trust reposed in me by the worthy Knight Sir Hen. Sp. who being imployed in greater works committed these to my care trust to be published His charge doth neerly concern me and in conscience I could not longer conceal them from the publique view They have been long in my custody and if the favour of your self M. Crew in a time of danger besides M. Knightleys publique deserts and defence of me since from scandalous people had not prevented they had been utterly lost by the injury of soldiers together with other Manuscripts and Monuments of great consequence against the common adversary Your selves having preserved them and me I could not doe otherwise then return you the thanks and fruit of your own favours and whosoever shall think these worthy the publique view will have the like cause to render you thanks for saving both them and my self being extreamly injured by some that are styled in our ancient Laws Ll. H. 1. c. 29. Villani Cocseti Perdingi viles inopes personae by whose troubles I am inforced to omit divers additions materiall to this argument which the learned Knight committed to me But lest hereafter they should miscarry by any common danger or neglect of mine I could find no better means to prevent the same then by committing these to the Presse that they may live be extant for the common benefit of Gods cause and Church The piety excellent learning and moderation of the Author all his expressions will prevail much with those that are truly wise and sober and if your protection shall concur to defend both them and my poor studies I shall hope to give you farther account hereafter in other works of great moment Thus praying God to guide and blesse you in all your pious endeavours I subscribe my self Yours ever obliged JER STEPHENS To the READER THe eminent worth and dignity of this religious Knight needs not to be set forth by the praise or pen of any man his excellent learning piety and wisdome were very well known to the best living in his time and his owne works published in his life together with the great applause conferred on them both at home and in forain parts by learned noble Parsonages and great Princes are testimonies beyond all deniall or exception Among all other his singular deserts and works there is none more illustrious then his piety towards God testified both in his holy course of life and especially by his learned and godly Treatises of the Rights and Respect due to Churches Wherein he hath so accuratly proved what is due to God and to be rendred unto him both for the time of his worship and also for the means and places wherein his worship is to be performed that no true Christian who embraceth the Gospel but must acknowledge willingly his singular deserts and piety His great knowledge in the Common Law of our Kingdome and all other Laws whatsoever divine or humane ancient or modern Civill or Canonicall Multatenens antiqua sepulta vetusta Eunius Quae faciunt mores veteresque novosque tenentem renders him singularly judicious above many other and able to deliver the truth when he descends to speak of humane laws and authorities after he had first founded and setled his opinion upon the divine Law of God Yet notwithstanding his piety learning and moderation in all his expressions there wanted not a perverse spirit to oppose and scribble something against him whereof hee tooke notice and added a censure in his learned work the Glossary and also among other his papers of this argument he hath left a sufficient apology and justification of his former
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
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
hereafter you shall plainly perceive c. So that the King hereby doth not onely ingenuously confesse the Trust committed to him by the Parliament in the same manner that the Act assigneth it viz. to be for the glory of God and the profit of the Common-wealth but he descendeth also into the particularities of that Trust as namely for the maintenance of the Ministers the advancement of Learning and provision for the poor § 7 That the King might not take them In the 45. chap. of Ezekiel God commandeth the Prophet to divide the Land into three parts one for God himself and his servants the Priests the other for the King and the third for the people And then he saith Let this suffice O yee Princes of Israel v. 9. Leave off cruelty and oppression and execute judgement and justice take away your exactions from my people And again chap. 46.18 The Prince shall not take of the peoples inheritance nor thrust them out of their possessions but he shall cause his sonnes to inherit his owne possession that my people be not scattered every man from his own possession Though the said Texts favour something of the Leviticall Law as to preserve the Tribes from confusion yet they present also unto us rules of Morall justice First that in the division of the Kingdome wee must remember to give him a part for his honour that giveth us all for our necessities therefore he saith in another place 45.1 When yee shall divide the Land for inheritance yee shall offer an oblation unto the Lord an holy portion of the Land Secondly that the Prince must be contented with the portion assigned him and not to disturbe the people in their possession but not God especially in his for that is priviledged further and defended with another iron barre it is an oblation saith the Text unto the Lord yea it is an holy portion of the land Holy because it is offered unto God and holy again for that being offered unto the Lord it is severed from the injury of man it must not be violated nor plucked back it must not be sold nor redeemed it is an inheritance separate from the common use it is most holy unto the Lord Lev. 27.28 It being thus manifested what are the chief ends and uses of Parsonages it appears how unjust it is to tolerate Appropriations and how miserable their condition is who hold them Oh how lamentable is the case of a poor Approprietary that dying thinketh of no other account but of that touching his lay vocation and then comming before the Judgement seat of Almighty God must answer also for this spirituall function first why he medled with it not being called unto it then why medling with it he did not the duty that belongeth unto it in seeing the Church carefully served the Minister thereof sufficiently maintained and the poor of the Parish faithfully relieved This I say is the use whereto Parsonages were given and of this use we had notice before we purchased them and therefore not onely by the Laws of God and the Church but by the Law of the Land and the rules of the Chancery at this day observed we ought onely to hold them to this use and no other Look how many of the Parishioners are cast away for want of teaching he is guilty of their bloud at his hand it shall be required because he hath taken upon him the charge He saith he is Parson of that place and of his own mouth will God judge him for idle Parsons are guilty of the bloud of the Parishioners and this S. Paul sheweth when he saith I thank God I am pure from the bloud of all men Act. 20.26 meaning he taught the counsell of God so faithfully as if any be not saved thereby their bloud is upon their own heads for he on his own part addeth that hee hath kept nothing back but shewed them all the counsell of God v. 27. It is not therefore a work of bounty and benevolence to restore these Appropriations to the Churches but of duty and necessity so to doe It is a work of duty to give that unto God that is Gods Mat. 22.21 and a work of necessity towards the obtaining remission of these sins for as S. Augustine saith Non remittitur peccatum nisi restituatur ablatum cum restitui potest Augustin Macedon Ep. 54. The sin shall not be forgiven without restoring of that which is taken away if it may be restored § 8 Of the Statute of dissolution 27 H. 8. c. 27. that took away Impropriations from the Church We must note touching that first Statute the time wherein it was made the persons by whom the circumstances in the carriage and effecting of it and the end why The time while it was yet but dawning of the day or twilight of both Religions The persons then members of the Parliament half of them I fear if not the greater half either absolute Papists or infected with Romish Religion the other half yet in effect but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and candidati restitutae religionis and so could not by and by conceive all dependencies in so great a work and what was 〈◊〉 in every respect to be provided for The circumstances incident to the businesse as the great and strong opposition of the adverse party which happily was so potent in Parliament as if opportunity had not been taken at some advantage for passing of the bill whilest many of them were absent it had not passed so soon and this might well cause haste in the carriage of it and haste imperfection How it fell out in that point I doe not know but I have heard that anno 1. Mariae when the Laws of H. 8. touching the Premunire This Parliament begunne 5. Octob. 1554 and ended 5. Decemb. Fox p. 1396. Col. 2. l. 1. and of Ed. 6. touching Religion were repealed the matter was so handled as there were but 28. persons in the Parliament House to give their voice with the Bill and yet carried it So in this businesse the great haste and desire to effect it and the great matters aimed at as the transferring of all Monasteries Livings unto the King A Parliament of 28. Bishops c. to undoe 28. generall Councels happily not halfe 28. made somethings in the Act to passe unconsidered and no doubt amongst other these appropriate Parsonages which in truth are not named in that Act but carried away in the fluent of generall words wherein though Tithes be inserted yet the word may seeme onely to intend such portions of Tithes as belonged to the Monastery it self as many did and not those belonging unto Appropriations since the Appropriations themselves are not there named But I will excuse the matter no farther then equity for after Religion had gotten some strength the following Act of 31 H. 8. c. 13. gives them expresly to the King by the words Parsonages appropried Vicarages Churches c. yet was all