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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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might not possesse Tithes and Church livings though granted by Kings and Bishops but must restore them CAP. XXI In what right tithes are due and first of the law of nature VVE have said in our definition that they be due unto God now we are to shew by what right and to prove it First therefore I divide Tithes into two sorts Morall and Leviticall Morall are those which were due to God before the Law given in the time of nature Leviticall are those nine parts assigned by God himself upon giving the Law unto the Levites for their maintenance the tenth part being still reserved to himself and retained in his own hands Morall tithes were paid by man unto God absque praecepto without any commandement Leviticall tithes were paid by the Israelites unto the Levites as transacted and set over by God unto them pro tempore for the time being and that by an expresse Canon of the Ceremoniall law To speak in the phrase of Lawyers and to make a case of it God is originally seised of tithes to his own use in dominico suo ut de feodo in his own demesne as of fee-simple or as I may say Jure Coronae and being so seised by his Charter dated year after the Flood he granted them over to the Levites and the issue male of their body lawfully begotten to hold of himself in Frank-Almoigne by the service of his Altar and Tabernacle rendring yearly unto him the tenth part thereof So that the Levites are meerly Tenants in tail the reversion expectant to the Donor and consequently their issue failing and the consideration and services being extinct and determined the thing granted is to revert to the Donor and then is God seised again as in his first estate of all the ten parts in fee. But we must prove the parts of the case and first the title namely that he was seised in fee of originall Tithes that is that originall Tithes doe for ever belong unto him Hear the evidence which I will divide into three parts as grounding it first upon the law of Nature secondly upon the Law of God and thirdly upon the Law of Nations CAP. XXII How far forth they be due by the Law of Nature VVHen I said by the Law of Nature my meaning is not to tiemy self to that same jus naturale defined by Justinian which is common to beasts as well as to men But to nature taken in the sense that Tully after the opinion of others delivers it to be Vim rationis atquè ordinis participem tanquam via progredientem declarantemque quid cujusque causa res efficiat quid sequatur c. the vertue and power of reason and order that goeth before us as a guide in the way and sheweth us what it is that worketh all things the end why and what thereupon ensueth or dependeth This by some is called the Law of Nature secondary or speciall because it belongeth onely to reasonable creatures and not generally to all living things in respect whereof it is also called the law of reason and it is written in the heart of every man by the instinct of nature as Isidor faith not by any legall constitution teaching and instructing all Nations through the whole world todiscern between good and evill and to affect the one as leading to the perfection of worldly felicity and to eschew the other as the opposite thereof This is that law written in the hearts of the Heathen made them to be a law unto themselves as it is said Rom. 2. 14. and by the instinct of nature to doe the very works of the Law of God with admirable integrity and resolution This is that Law that led them to the knowledge of God that they had whereby they confesse him to be the Creator supporter and preserver of all things seeing all things knowing all things and doing whatsoever pleaseth himself to be omnipotent eternall infinite incomprehensible without beginning or end good perfect just hating evill and ever doing good a blessed Spirit and as Plato calleth him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the greatest Spirit that giveth all good things unto man that guideth his actions and blesseth his labours All this and much more did the very Heathen by this Law of Nature conceive and pronounce of God and therewithall confessed that by reason thereof they were justly tyed to yeeld him all service honour obedience praise and thanksgiving but wanting graceto direct them above nature in the right ways thereof they first swarved on one hand then on the other and at length they fell into their innumerable superstitions and idolatries yet as they concurred with us in these fundamentall points of Christian confession touching the nature of God so did they likewise in the fundamentall course of serving and worshipping him as by prayer to crave blessings by hymnes to celebrate his praise by oblations to shew their thankfulnesse to him by sacrifice to make atonement with him for their sins and trespasses by honouring and maintaining his servants Priests Ministers to expresse the honour love and reverence they bear unto himself Some are of opinion that they learned much of this from the children of God So Ambrose alledgeth that Plato did of Jeremy the Prophet meeting him in Aegypt but it appeareth that Jeremy lived before Plato almost 300. years yet it is doubtlesse that with their bloud and linage they deducted many particular rites and ceremonies from Noah and his Nephews but these notions I speak of rise out of the very law of nature written in their hearts by the finger of God as S. Augustine witnesseth saying Quis scribit in cordibus hominum naturalem legem nisi ipse Deus who writeth the law of nature in the hearts of men but God himself and Calvin agreeth that the knowledge of God is naturally planted in the mindes of all men Do we not see at this day the very barbarous and almost savage Indians agree in effect most of them aforesaid touching the nature of God and the course of worshipping him also yea in the five ways we spake of viz. by prayer by songs by offerings by sacrifice and by honouring and maintaining his Priests and servants who taught them this if not the very law of nature Me thinks I hear some answer me the Devill and I must answer them that it is true the Devil taught them to pervert these notions but it is God that wrote them originally in their heart though the Devil hath choaked and corrupted them But say that the Heathen learned these of the children of God whence did the children of God learn it themselves before the Law was given who taught Cain and Abel to offer their first-fruits to sacrifice Abraham and Jacob to give tithes of all that they had Lactantius saith that the law of nature taught to give offerings to God and the practice of all the Nations of the world in all ages and in all religions confirmeth
land whither Abraham pursued his enemies and there slew and chased them Salem the place where Melchisedek was King which by reason of Josephus his mistaking it is commonly taken to be Jerusalem but erroneously as Jerome and Lyra explain it for Saint Hierome out of the ancient Rabbins sheweth it to be a Town neer so called in his time and men then shewing the ruines of Melchisedeks Palace in great magnificence S. John also doth witnesse it to be Enon a known Town in Jeromes time neer Jordan where the spring was that John Baptist baptized in John also saith he baptized at Elim besides Salem because there was much water there So that the first door that was opened into the Kingdome of heaven by the preaching of the Gospel the first administration of the Sacrament of Baptisme as S. John here reporteth it was within the territories of the Kingdome of Salem that is by interpretation the Kingdome of peace and righteousnesse which Baptisme bringeth by washing away originall sin The persons are Melchisedek Abraham and his confederates and family Melchisedek is the image of Christ King of righteousnesse and peace the Priest of the high God and a Priest for ever for the Scripture neither sheweth his beginning nor his ending A Priest not anointed with materiall oyle after the ceremony of the Leviticall Law not ordained for a time as Aaron but established with an oath by God himself to be for ever and sanctified with the spirituall oyle of gladnesse above all the ranks and orders of Leviticall Priesthood Abraham an Hebrew and representing the rest of the Hebrews Gods chosen people Father of the Jews by Circumcision and by faith the Father of the Gentiles His confederates Mamre Escol Aner Amorites and Gentiles representing the whole body of the Gentiles The family of Abraham as well bond-men as free-men all mingled together and all here marching as under one ensign not of the Leviticall Law which onely belonged to the Jew but of the New Testament embracing both Jew and Gentile bondmen and free-men the children of Hagar as well as Sarah Their enemies are the idolatrous Assyrtans or Babylonians who spoil the people of God and these Abraham pursueth killeth and chaseth beyond Dan that is out of the Church To apply and morall this to the Church under the Gospel They that are the true children and consorts of Abraham whether Hebrews or Gentiles free or bond who now are all alike they must depart out of the Leviticall ●ities that is the Ordinances and Ceremonies of the Law they must fight against the foure great Kings the enemies of Lot and of the children of God Sin Flesh the World and the Devill So Hugo expoundeth them they must chase and cast them not onely out of the temple of their heart but out of the compasse and bounds of the Church of Christ and so kill and subdue them by faith and repentance even when they are asleep and thereby seem to have surest possession of them Having thus conquered Melchisedek our Saviour Christ will meet them in their return but where not till they come within the territories of Salem into the bounds of the Church by the sacrament of Baptisme And then he will not stay till he be called and wakened as he did in the ship with Peter but as he is our 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he will come forth of himself and meet them and give them bread and wine as Melchisedek did to strengthen and confirm them that is the other sacrament of the body and bloud Then as a perpetuall high Priest and Mediator he doth blesse them and make intercession for them as Melchisedek did Abraham and his spirituall posterity in the person of Abraham as well Jews as Gentiles for in the person of Abraham Melchisedek blessed both the Jews as his children by Circumcision and the Gentiles as his children by faith Then must wee doe as Abraham did in his own and our person give tithe of all to Melchisedek and his Substitutes Melchisedek gave bread and wine really and we must also as Abraham did give him the tithe really And this tithe was not given to Melchisedek as a Leviticall duty but as a duty belonging to God both before the Law and in the time of the Gospel for Melchisedek met not Abraham with oblations and sacrifice like a Priest of the Law but with bread and wine the elements of the sacrament of the Gospel which in figure thereof are onely remembred in this place by the holy Ghost though Josephus mentioneth many other rich gifts at this very time plentifully given by Melchisedek to Abraham So that if Melchisedek in the person of Christ received tithe then doubtlesse is tithe due unto Christ and consequently to his Ministers This is the first place in Scripture wherein tithes be mentioned therefore some may think it the first time they were paid but that is no argument for so it is the first place where a Priest is mentioned yet no doubt Priests were before Noah performed the Priests office when he built an Altar and offered of every cleane beast and fowl upon it Gen. 8. 20. And it is very likely that Melchisedek himself had borne the office of a Priest many hundred years before he met Abraham though the Scripture doth not mention him till the meeting for if it be lawfull to enquire of that the holy Ghost revealeth not many great Divines are of opinion that he was Sem the son of Noah whom the Salemites had made their King and it may well be for it appeareth in Gen. 11. that Sem lived 600. years whereof 502. after the Floud and of them 209. in the life of Abraham So that to those of that new world that Abraham lived in I mean after the Floud he might well seem without father or mother or any beginning being born almost 100. years before the Floud and to have been a Priest for ever And then in like consequence he might have received tithes of divers other before he thus met Abraham for that use was common long before among the Heathen and likely it is that the Heathen rather learned it of the children of God then that the children of God should learn it of them as Hemmingius would have it who saith that Abraham gave these tithes of his own accord following therein without all doubt the manner of Conquerors which were wont to confecrate the tithe of the spoil unto their gods or to bestow it upon their Priests I read in Ovid that Bacchus who lived before this time having conquered the Indians and other Nations sent the first-fruits of the spoile magno Jovi to great Jupiter but whether Abraham either heard of it or took it for a Precedent that cannot I tell Te memorant Gange totoque oriente subact● Primitias magno supposuisse Jovi Cinnama tu primus captivaque thura dedisti Deque triumphato viscera tostabove Fastor li. 3. 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