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 ,

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 Treatise , which , is here published for satisfaction to all that be truly pious and well-affected sons of the Church of England .

For his larger work of Tithes , which he prepared long agoe , it is also here added , though in some few places imperfect , and might have been better polished by his own hand , if he had engaged himself upon it , and desisted from his greater works so much desired by many eminently learned both at home and abroad : yet rather then suffer the losse of such a testimony of his piety to God , and good affection to uphold the setled maintenance of Gods House and Ministers , to whom double honour is due , as the Apostle saith , it is 1 Tim. 1. 15. thought fit to publish it , as he left it , imperfect in some passages , and defective of such ornaments and arguments , as he could have added further , out of his store and abundance : though what he hath here delivered is so compleat , as doth fully discover the ability of his judgement ; and that these reasons and illustrations produced by him could hardly have proceeded from any other . Author , being agreeable to his expressions , style , and arguments delivered in his other writings . And at this instant it seems very necessary , in regard the humour and displeasure of many in the world , is now obstinately bent to beat down , root up , overthrow , and destroy , whatsoever the piety and wisdome of our forefathers built and contributed in the Primitive times of their faith and conversion to Christianity , as if all they did , were Popish and superstitious , fit to be rooted up : and as if themselves had a Commission as large as the great Prophet had from God , and were set over the Nations and Kingdomes , to root out , and pull down , to destroy and to throw down , to build and to plant , Jer. 1. 10.

But if men will rest satisfied , either with proof from divine authority , there wants not enough here to guide their consciences : or with humane Laws and Statutes confirmed , and fully enacted by many Parliaments , whereby they are now become ancient and fundamentall , as well as any other Laws , together with the constant course and practice of above a thousand years in our Common-wealth , there wants not here the testimony of all our ancient Monuments , Statutes , Deeds , and Charters of our Kingdome , Princes , and Noble men , which this learned Knight hath more fully and compleatly published in order of time , and in their originall Saxon-language , in his first Tome of our English Laws and Councels , for the first five hundred years before the Conquest , being his last work before his death . Whereunto when the second Tome ( which he hath also finished ) shall be added for the next 500. years after the Conquest , together with his learned Commentary upon all difficult and ancient rites and customes ; there will be abundant proof from all humane Laws , and the authority of our Common Law , together with the practice of our Kingdome , in severall ages , that no man can raise a doubt or exception , that shall not receive satisfaction fully and clearly . As for the Laws of Israel , and the Heathens also in imitation of Gods own people , the Decrees and Canons of generall Councels , in succeeding times , here is also such abundant testimony produced , that no judicious Reader can refuse to yeeld his vote thereto , and approbation for continuance .

There is another noble and religious Knight of Scotland , Sir James Sempil , who hath so accurately laboured in this argument , and proved the divine right of Tithes from the holy Scriptures , insisting thereupon onely , and no other humane Authorities , or Antiquities , further then he finds thē to play upon the Text , pro or contra , ( as himself saith in his Preface ) that much satisfaction may be received from his pious endeavours ; having therein cleared some Texts of Scripture from sinister interpretations , and exactly considered the first Institution and Laws for Tithes , delivered by God himself both in the Old and New Testaments .

If both these godly and learned witnesses of the truth will not serve the turn to convince the judgement of some ill-affected , they being both raised up by God out of both Nations , like to Eldad and Medad , among the people , extraordinarily Numb . 11. 26. to prophecy , and defend the truth , being moved and inspired doubtlesse by God himself , ( besides those that belong to the Tabernacle ) to uphold and maintain his own cause against the adversaries of his Church ; yet they may well stop the mouths of worldlings and Mammonists from clamour and inveighing , and perswade them to acquiesce upon the known and fundamentall Laws of the Kingdome : which areas ancient and fundamentall as any other , or rather more , because they concern especially the upholding and maintenance of the worship of God , then which nothing can be more necessary or fundamentall : and therefore the pious and good King Edward the Confessor , doth begin his Laws with the recitall and confirmation of the Ecclesiasticall Lawes , and particularly of Tithes , Church-possessions , and Liberties thereof : A legibus igitur sanctae Ll ad confess . in Prooem. matris Ecclesiae sumentes exordium , quoniam per eam Rex & regnum solidum habent subsistendi fundamentum , leges , libertates , & pacem ipsius concionati sunt . Because thereby the King and Kingdome have their solid foundation for subsistence , therefore the laws , liberties , and peace thereof are first proclaimed and established .

And thus begins also Magna Charta , — Nos intuitu Dei , pro salute animae nostrae , ad exaltationem sanctae Ecclesiae , &c. and so also many other Statutes successively , pour le common profit de Saint Esglise & del Realm , Westminst. 1. &c.

The possessions , tithes , and rights of the Clergy being thus setled , they may doubtlesse be enjoyed , having been freely collated ( according as was foretold by the Prophets , Esay and others ) by Kings , Nobles , and many good men , Esay 49. 23. If these things had not been primarily due unto God , by the rule of his Word , yet are they now his , and separate from us , by the voluntary gift and dedication of our ancient Kings and P●cdecess●rs . Spelmans first Treatise , § 5. & cap. 28. inf. fully confirmed by Law and Parliament , established by the possession of many hundred years : & that although in the beginning perhaps things were not so commanded in particular , as any man else may enjoy lands , goods , chattels , gifts and grants whatsoever is freely collated , purchased , or obtained by industry , or is freely given and bequeathed by Ancestors , or other Benefactors , although perhaps there be not divine right in speciall , to prove and justifie so much land , money , rents , or goods of any sort to be his due and right .

God did foretell and promise by the Prophet Esay , cap. 49. 23. that he would raise up in the Church of the redeemed , Kings and Queens to be nursing fathers , and nursing mothers to his Church ; that is , saith Calvin upon the Text , Magni Reges ac principes non solùm Christi jugum subierunt , sed etiam facultates suas contulerunt , ad erigendam & fovendam Christi Ecclesiam , ita ut se patronos & tutores ejus praestarent . Kings and Princes should give much Lands , Revenues , and great maintenance for the worship of God , and his Ministers , attending thereon , which promise God abundantly performed by many and great Emperours , Kings , and Princes in all Countries after their conversion to the faith .

The donations , gifts , and buildings of Constantine the first , and great Christian Emperour born at York , and Helena his mother an English Lady , exceeding religious and devout , are famous in History , together with their buildings and endowing of many ample and beautifull Churches in severall Counties of the Empire .

Dominicum aureum . Nobilissimum Antiochiae templum à Constantino M. inceptum , sub Cons●antio verò absolutum ; & hoc epitheto prae excellentia honoratum ▪ insigni . Episcoporum populorumque confluentia ejus encaeniam ce●●●nte , Hieron . in Chronico . In Antiochia Do●●●●icum quod vocatur aureum , aedificari coeptum . Et infra mox . Antiochiae Dominicum aureum dedicatur . Glossar . Spelman . pa. 224.

Cyrill describing a Church of Constantines building in Jerusalem , ●als it , ( Cat. 14. ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a Church all adorned , and embossed with silver and gold .

Eusebius reporting of the spacious and beautifull Church of Tyre , which was built anew by the famous B. P. Paulinus says , the lustre and splendour was such , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as made beholders amazed to behold it .

The gifts and buildings of divers other Emperours and Kings , as Theodosius , Justinian , Pipin , and Charles the great are endlesse to be repeated . When as any doth the like now , or repair old Churches formerly built , he is by some ignorant people tearmed Popish , or Popish affected .

The grants , buildings , and gifts of our own English Kings , Noble men , and Bishops , ever since our first conversion , are famous in our Histories : especially of King Lucius , and Ethelbert , the two first of the British and Saxon Kings : so also of Egbert , Alured , Ethelwolph , Edgar , Edward the Confessor , and many others in times following after the Conquest ▪ ( no Princes , or Nobles , being more bountifull then ours in England . ) Their Charters and Acts of Parliament are extant in the first Tome of our Councels by this Authour ; and many are also mentioned by the learned Selden in his History . Now when Churches are built , and grants of lands , tithes , and oblations are freely given by great Kings , confirmed by severall Acts of Parliament , oftentimes renued and reiterated , as by the great Charter thirty times confirmed , and many other Statutes since , as also by the Text and body of the Common Law , which doth affirm Tithes to be due Jure divino : as is asserted by that ever honourable Judge and Oracle of Law , the Lord Coke , in the second part of his Reports , Dismes sont choses spirituels , L'Evesque de winchester case , fol. 45. & due , de jure divino .

Being thus setled and confirmed , and thereby becomming fundamentall Laws of the Kingdome , they may , and ought to be enjoyed peaceably , without grudging , or repining , alienation or spoil , without casting an evill eye upon Gods allowance , and because he hath given the floure of wheat to make bread for his Sanctuary : whereof God himself giveth charge in the last vision of Ezekiel , contained in Ezek. 45 , &c. the last four chapters , where he appointeth a third part of the land to be set forth for his Temple , Priests , and servants , besides the portions for the Prince , and for the people ; which vision for performance concerneth the Christian Church , and was never fulfilled in the Jewish State , as this Author and many others doe shew : and there God doth especially forbid alienation , selling or exchanging of his Temples portion , as being most holy unto the Lord , Ezek. 48. 14.

It concerns us therefore that live in these times of the Christian Church , when we see the ancient prophesie fulfilled by Kings and Princes , in giving much to the Church , to preserve Gods portion entire without alienation , spoil , or violence . The Primitive times of the Church , as this Authour sheweth , ch. 6. as had not been since the very Creation : times wherein God opened the windows of persecution , and rained bloud upon his Church , as hee did water upon the world in the days of Noah , during the ten grievous persecutions in the first 300. years after Christ , so that no man must expect then to finde setled Lawes for Tithes , Lands , or maintenance of the Clergy , when the Emperors and Magistrates were Heathens persecuting the Church , and made many furious edicts for rasing and ruinating of Churches , which had been built by Christians in some times of intermission , as appears by Eusebius , when hee comes to the times of Dioclesian . Every good Christian , and almost every Clergy-man , lost his life for religion ; no man did care or expect for preferment , maintenance , or dignity , save onely the crown of martyrdome , which many thousands did obtain : The Church , saith this Author , Cap. 6. did all that while expose the dugs of her piety unto others , but did live her self on thistles and thorns , in great want oftentimes , necessity , and professed poverty . Now those men that would reform all according to the pattern of the Primitive Church , and the Apostolicall times , do not consider , that the Clergy must be reduced again to the same condition of poverty , want , and misery , as formerly they were , if the pious and charitable gifts , and donations of Kings and Nobles , in the ages next succeeding the persecutions , should be taken away , and the ancient patrimony of Tithes abated , or subverted by the worldly and covetous practices of them that esteem gaine to be godlinesse . The kytes of Satan ( as this Author tearmeth them ) have already pulled away many a plume from the Church in severall ages , yet thanks be to God , there be some feathers left to keep her from shame and nakednesse , if the sacrilegious humour of the times prevail not against her . And there is the more reason to hope and expect that we may enjoy our portion and tithes quietly , because we have so much lesse then the old Priests and Levites received from the people : for they had severall tithes and oblations for themselves , for the feasts and for the poor , wherein they did share in a far greater proportion then is now required by the Clergy of the Gospel .

The learned Scaliger , Selden , and many others do prove apparently by instance of particulars , that the Israelites did pay out of their increase of corn much more then a tenth , even almost a fifth part for severall tithes and duties then commanded to them . I will recite Mr Seldens example , History ca. 2. § 4.

The Husband-mā had growing , 6000 Bushels in one year . 100 Bushels was the least that could be paid by the husband-man to the Priests for the first-fruits of the threshing floore . 5900 Bushels remained to the husband-man , out of which he paid two tithes . 590 Bushels were the first Tithe paid to the Levites . 59 Bushels the Levites paid the Priests , which was called the Tithe of the Tithes . 5310 Bushels remained to the husband-man , out of which he paid his second Tithe . 531 Bushels were the second Tithe . 4779 Bushels remained to the husband-man , as his own , all being paid . 1121 Bushels are the sum of both Tithes joyned together , which is above a sixt part of the whole , namely , nineteen out of an hundred .

So that of sixe thousand bushels the Levites had in all 1063. whole to themselves : the Priests 159 , and the husband-man onely 4779. He yearly thus paid more then a sixt part of his increase , besides first-fruits , almost a fifth : many of no small name , grossely skip in reckoning these kindes of their Tithes , saith Mr Selden . Observe how much ( faith Chrysostome , speaking of the great In Epist. ad Philip. Tom. 4. Edit. Savil. maintenance of the Levites ) the Jews gave to their Priests and Levites , as tenths , first-fruits , then tenths again : then other tenths , and again , other thirtieths , and the sicle , and yet no man said , they eat , or had too much .

The Rabbins also reckon 24. gifts to the Priesthood , according as they are set down both by Rabbi Bechai , and R. Chaskoni , on Numb . 18. and so Jarchi on Gen. 29. 34. and in Talmud . in the Massech , Cholin . 133. f. 2. pag. in this order : i. The twenty four gifts of the Priesthood were given to the Priests , twelve at Jerusalem , and twelve in the borders : the twelve that were given in Jerusalem , are these , the sin-offering , the trespasse-offering , the peace-offerings of the Congregation , the skins of the holy things , the shew-bread , the two loaves , the omer , or sheaf , the remainder of the meat-offerings , the residue of the log , or pinte of oyle for the Leper , the oblation of the thanksgiving , the oblation of the peace-offering , the oblation of the Ramme of the Nazarite . And these following are the twelve that were given in the borders : the great heave-offering , the heave-offering , or oblation of the tithe , the cake , the first-fruits , the first of the fleece , the shoulder , the two cheeks and the maw , the first-born of man , the first-born of the clean beast , the firstling of the Asse , the dedications or vows , the field of possession , the robbery of the stranger , Lev. 6. 5. Numb . 5. 7 , 8. These are the 24. gifts that belonged to the Priesthood . But among these , there is no mention of the first-born of any unclean beast , but onely the Asse , and no mention at all of the tithe of cattell . Thus a learned M. Nettles , pag. 120. Author observeth out of the Rabbins .

All these severall tithes , oblations and duties were paid , not deducting nor accounting their charges and labour of the husbandman ; and yet they among their aphorismes both divine and morall , doe tell us , that as the Masoreth is the defence of the Law : so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Maighsheroth seag Laighsher , that is , tithes paid are the defence of riches : so God promised , Mal. 3. Bring ye all the tithes into the Store-house , that there may be meat in my house , and prove me herewith , saith the Lord of hosts , if I will not open you the windows of heaven , and pour you out a blessing , that there shall not be room enough to receive it .

And one notes , that at this day , when they have no Temple , nor Priesthood : Qui religiosiores sunt inter Judaeos , loco decimarum , eleemosynam pendunt de omnibus lucris decem aureos de centum , centum de mille : as Mr Selden observeth in his Review , cap. 2.

Yea , they paid not onely their tithes , but their first-fruits also , wherein they were so liberall in some ages , that even from the abundance of first-fruits paid by the owners to the Priests , there was not a Priest in the 24. courses of them , but might be accounted a very rich , or largely furnished man ; as Mr Selden observeth out of Philo : and that they prevented the officers in demanding of them , paid them before they were due by Law , as if they had rather taken a benefit then given any ; both sexes of their own most foreward readinesse in every first-fruit season , brought them in with such courtesie , and thanksgiving , as is beyond all expression ; whereas in these times under the Gospel the Priesthood is far more excellent then that of the Law , and the Clergy deserves infinitely more then the old Priests and Levites : whose employment is not to light candles , snuffe lamps , set bread upon the table , kindle fire , put incense at the Altar , to kill , slay , and hew beasts in pieces , but have incumbent onus , even Angelis formidabile , if men would rightly understand In Epi Philip Edit. what they undergoe , or others value what these sustain . They have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the souls of men , which is an office no temporall satisfaction can countervail : accountable to God for themselves and others . Their study , labors , after long and chargeable education , in reading , watching , preaching , praying , visiting the sick , are fully expressed by this learned Author , cap. 14. Yet the husband-man payeth now but one tenth to the Clergy , and no particular tithe for feasts , or to the poor , or other uses , as the Israelites did . But the Clergy now besides out of their smal receits , bear the burden of tenths and first-fruits

Decimae Philippo Regi Francorum in oppugnationem Saladani Mahometani principis concessae erant . Hujusmodi etiam obtinuit Rex Angliae Richardus 1. ut testatur Matth. Paris . in Anno 1189. & ab exemplis istis posteri saepe Reges .

Annatas , sive primitias , Bonifacius Papa beneficiis Ecclesiasticis primus imposuit , circa annum 1400. sunt tamen qui hoc inventum Iohanni 22. ascribant : hanc autem consuetudinem omnes admisere , praeter Anglos , qui id de solis . Episcopatibus concessere , in caeteris beneficiis non adeo . Platina . Hodie fisco penduntur non tantùm ex Episcopatibus , verùm etiam ex beneficiis quibuslibet Ecclesisticis , annui valoris 10. marcarum , Vicariisque 10. lib. nec minores sane , quàm unius anni fructus integri , juxta tabulas Regias aestimandos . Glossarium Spelm. in Annatis .