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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61095	Tithes too hot to be touched certain treatises, wherein is shewen that tithes are due, by the law of nature, scripture, nations, therefore neither Jewish, Popish, or inconvenient / written by Sr. Henry Spelman ... ; with an alphabeticall table.	Spelman, Henry, Sir, 1564?-1641.; Stephens, Jeremiah, 1591-1665.	1640 (1640)	Wing S4931; ESTC R19648	146,054	238

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

Tithes too hot to be Touched Certain TREATISES wherein is shewen that Tithes are Due By the law of Nature Scripture Nations therefore neither Jewish Popish or Inconvenient Written by Sr. HENRY SPELMAN Knight and others With an Alphabeticall Table MAL. iii. 10. 12. Bring ye all the Tithes into the store-house that there may be meat in mine house and prove me now herewith saith the Lord of Hosts if I will not open you the windows of Heaven and poure you out a blessing that there shall not be room enough to receive it ROM ii 22. Thou that abhorrest idols dost thou commit Sacriledge LONDON Printed for Philemon Stephens at the gilded Lion in Pauls Church-yard The names of the severall Treatises are these 1. The Larger Book of Tithes 2. An Apologie of the Treatise De non temerandis Ecclesiis 3. An Epistle to Mr. Richard Carew concerning Tithes 4. A Treatise of Impropriations by Sr. Francis Bigot Knight of Yorkshire 5. An Epistle to the Church of Scotland prefixed to the second edition of the first Treatise printed at Edenburgh 6. A Resolution of a doubt touching the alienation of Tithes To the Enemies of TITHES BOoks are not written for such as making their Will and their Power the measure of their actions esteeme nothing unlawfull but what is unpossible but for those that desire to act as rational Creatures and will suffer themselves to be led by Religion and Reason And such I doubt not there be many even amongst those which now finde fault with the Ministers portion Men that drive not on their designes for private ends but conceiving Tithes to be either Jewish Antichristian or Inconvenient think they shall do God and the Church good service by seeking the abolishment of this and the establishment of some other maintenance for the Minister Let these consider that our Saviour foretold his Disciples that the time would come that whosoever should kill them would think they did God service John 16.2 and learn thence that it is possible for them also to be mistaken in their present opinion and therefore before they proceed any further let them take but this Book in hand and peruse it well without passion or prejudice and I am confident that they will find their objections answered their judgements rectified and their resolutions turned the other way and as David blessed God for sending Abigail to cool his rage and keep him from his revengefull purpose so they will blesse him for this worthy Knight that so happily met them in their Carreire and stopped them from running into that which I know they abhorre the guilt at least the suspicion of Sacriledge Such effects as ye shall * Epist to the Reader p. 21. read his learned works have wrought already yea farre greater For it is harder to perswade men to restore what they actually possess then to forbear seeking what they never had Let those that preferr a good Conscience before a great estate reade also that most judicious piece of Sr. Henry Spelman which hath here an Apologie though indeed it needed none De non temerandis Ecclesiis God in mercy blesse these and the labours of other his servants for the maintenance of his Church and the advancement of his glory Reader THat the Table may be more readily used write the the number of every page of the Preface with thy pen it being omitted by the Author which is likewise to be done in Sr. Henry Spelmans Apology His Epistle to Mr. Carew Sr. Francis Bigot's Epistle to King Henry the Eighth and and the Epistle of Mr. Knox. A Table of the Principall matters contained in the ensuing Tracts wherein St. signifieth Mr. Stephens Preface Sp. Sr. Henry Spelmans Treatise Ap. his Apologie Ep. his Epistle to Mr. Carew B. Sr. Francis Bigod's Preface to Henry the eighth Sc. The Epistles to the Scottish Clergy R. The Resolution of a doubt concerning the alienation of Tithes Introd Sr. H. Spelmans Introduction A ABingdon Abbay its Charter Sp. 185 Abuse of things taketh not away the use of them Sp. 84 Alienation of Church-means unlawfull St. 7. See Sacriledge and Appropriations Almes See Charity Offerings and Poor Alured See Kings Ambrose mistaken in the time when Jereremie lived Sp. 96. His slout and pious repulse of the Emperours demand Sp. 139 Anabaptists their wild principles and practices R. 3 4. See Tythes Anointing of Kings signifieth their spirituall jurisdiction Sp. 176 Apostles maintenance what it was Sp. 13. c. Why they resused what they knew belonged unto them Sp. 52. c. How carefull they were of the poor Sp. 13 Necessitie forced them to admit and omit what they otherwise would not Sp. 48 c. Their peregrinations Sp. 53 54 Approprietaries cannot by right grant their estate to others Sp. 160 Appropriations against the Word of God B. 3 Their originall Sp. 151 c. What difference between Appropriations and Impropriations Sp. 152. Whether Tythes and Appropriations belonged to Monasteries or not Sp. 163. In what sort they were granted to the King Sp. 164. and to what end Sp. 165. He ought not to have taken them Sp. 167 The Statute that transferred them seemeth to have been passed in hast Sp. 170 Ep. 2 c. How Bishops came to passe the Bill for them Sp. 156. Ep. 2. None properly capable of them but Spirituall men Sp. 159. The King may better hold them then any of his Lay-subiects Sp. 154 155. Though in the hands of Lay-men they continue still Spirituall livings Sp. 154 157. They that have them are bound if they will not be guiltie of the bloud of souls to restore them Sp. 169. Sr. H. Spelman's confidence that ere long they shall be restored Sp. 171. The number of Appropriations in England Ap. 16 Aristotle's iudgement concerning Tithes Sp. 120 B BAcchus gave first-fruits to Jupiter Sp. 108 Barbarous nations longer retain antient customs and naturall notions then those that are civilized Sp. 124 Battail-Abbay how largely priviledged Sp. 186 Bede commended Ap. 12 Benefactours Three things due to them Introd Benevolence of the people an unfit maintenance for the Minister Sp. 55 56. Sc. 3 Sr. Francis Bigot B. 5 Bishops when first ordained Sp. 50. What part of the Tithes was antiently allotted them Sp. 88-92 Of old Bishops were ioynt Magistrates with Earls in England Sp. 41.131 Boldness no sure signe of a good cause R. 19 C 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sp. 20 Mr. Richard Carew Ap. 5. Ep. 1 The Cartheginians smarted for neglecting to send Tithes to Hercules Sp. 124. They used to sacrifice their children to Saturn Sp. 125 Ceremonies why not all at once abolished by the Apostles Sp. 48 The Charitie of antient Christians Sp. 13 c. With what discretion we should guide our Charity Sp. 22 Christians of old how zealous in building and endowing of Churches St. 6 Christs zeal wherein especially shewen St. 16 Which his greatest miracle ibid. How frugally he maintained himself and his followers Sp. 11.

have them as the religious persons had them that is as spirituall Livings and consequently subject to the jurisdiction of the Bishops before had over them and then are they no otherwise in the hands of the Laity for testimony whereof they also carry at this day the badges and livery of their Lords and Masters of the Clergy for as Joseph was taxed in his own City so are they yet ranked amongst other spirituall Livings and as members of that body doe still pay their Synodals and Proxies to the Bishops and Archdeacons and if Tithes bee withholden from the Approprietary he still sueth for them as spirituall things in the Spirituall Court All which are by Gods Providence left upon them as marks of the Tribe they belong unto that when the Jubile commeth if ever it please God to send it they may thereby be distinguished and brought back again to their own Tribe § 2 That no man properly is capable of an Appropriation but spirituall men Spirituall things and spirituall men are correlatives and cannot in reason be divorced therefore was no man capable of Appropriations but spirituall persons before the laws of dissolution which first violated this holy marriage and like Abimelech Gen. 20.2 took the wife from the husband and made Lay men which before were the children of the Church now become spirituall Fathers The act of Appropriation is nothing but to make a body corporate or politique spirituall that hath succession perpetuall Incumbents in a Rectory or no more upon the matter then to entail the incumbency to one certain succession of spirituall men Therefore as a Patron saith my Lord Dyer Chief Justice and Plowden 496. must present a spirituall person to a Church and not a temporall so by the same reason an Appropriation must be made unto a spirituall person and not temporall for saith he the one hath cure of souls as well as the other and they differ in nothing but in this the one is Parson for his life and the other and his successours Parsons shall be for ever and for this in the beginning saith he were the Appropriations made to Abbots Priors Deans Prebends and such like as might in their own person minister the Sacraments and Sacramentals and to none other And for the same reason at the first it was holden that they could not grant their estates to any other no more then the Incumbent of a Parsonage presentative who though he may lease his Glebe and Tithes yet can he not grant his Incumbency to any other but must resign it and then the Patron and Bishop must make the new Incumbent And so the Incumbency which is a spirituall office cannot be granted nor by the same reason could the perpetuall Incumbent which is the Approprietary at the first grant his estate which contained the Incumbency and the Rectory which is the revenue of the Incumbent Therefore when the Order of the Templars to whom divers appropriate Parsonages were belonging was dissolved and their possessions granted to the Prior of S. John of Jerusalem in England Justice Herle in 3 Ed. 3. said that if the Templars had granted their estate in the Appropriations to the Hospitalers that is to them of S. Johns of Jerusalem the Hospitalers should not have it for it was granted onely to the Templars and they could not make an Appropriation thereof over unto others Therefore to make good the estate of the Prior and Hospitalers it was shewed there that by the grant of the Pope King and Parliament the Prior had the estate of the Templars And so by Herle an Appropriation cannot be transferred to another and with good reason saith the book for it hath in it a perpetuall Incumbency which is a spirituall function appropriate to a certain person spirituall and cannot be removed from them in whom it was first setled by any act of theirs Herle there also said that That which was appropropriate unto the Templars was disappropriate by the dissolution of their Order fo 497. B. So that as death is the dissolution of every ordinary Incumbent so the dissolution of a religious Order Monastery or Corporation is the death thereof and by that death according to this opinion of Justice Herle the Church appropriate that belonged thereunto is again become presentable as it was before the Appropriation whereunto my Lord Dyer and Manwood doe also agree Dier Plowd 497. Manwood ib. 501. l. 2. and therefore by the dissolution of religious houses all Appropriations had been presentable like other Churches if the Statute of dissolution had not given them to the King and by as good reason might the same Law-makers have given him the other also for any thing that I perceive to the contrary Yet let us see in what manner they are given unto the King for though I cannot examine the matter according unto the rules of Law being not so happy which I lament as to attain that profession yet under correction I will be so bold as to offer some points thereof to further consideration as first what is granted to the King secondly the manner how it is granted thirdly the ends why And herein I humbly beseech my Masters of the Law to censure me favourably for I take it by protestation that I doe it not as asserendo docere sed disserendo quaerere legitima illa vera that Littleton speaketh of § 3 What was granted to the King 1. The Statute saith That the King shall have all such Monasteries Priories and other such religious Houses of Monks c. as were not above 200l a year And the Sites and Circuits thereof and all Manours Granges Meases Lands c. Tithes Pensions Churches Chappels Advowsons Patronages Annuities Rights Conditions and other Hereditaments appertaining or belonging to every such Monastery 2. In as large and ample manner as the Governours of those and such other religious Houses have or ought to have the same in the right of their Houses 3. To have and to hold c. to his Majesty his Heirs and Assigns to doe and use therewith his and their own wils to the pleasure of God and to the honour and profit of this Realm The words have divers significations and therefore make the sense the more obscure Monasteries Priories and religious Houses are 1. Sometimes taken personally for the Heads and Members of the House that is for the men of the House as Church for the Congregation City for Citizens 2. Sometime they are taken locally for the soil of the House and in this sense one while extensively to all the Territory thereof another while restrictively to the site and building onely 3. They are taken civilly or locally for the whole rights of the House the lands the rents the possessions and inheritances whatsoever In which of these senses the Parliament hath given them to the King and whether in all of them or not it is not manifest but I conceive the words must be taken in the last sense which as the