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.

Of TITHES .

CAP. I.

What things be due unto God .

THat that is to be rendred unto God for his honour , out of temporall things granted by him unto man , are by his word declared to be some particular portions of the same things .

The things granted unto man be of three sorts , viz.

First , the time measured out unto him for this life . Secondly , the place allotted to him for his habitation . Thirdly , the benefits and blessings assigned to him for his sustenance . Out of every of these , God must have his honorary part , as by way of reservation and retribution , in right of his seignory . Let us then see what those parts are , and how they grow due unto him .

Touching the first , which is the Time of our life : he hath out thereof reserved to himselfe , the seaventh part ; for it is written , six dayes shalt thou labour , and doe all that thou hast to doe , but the seaventh day is the sabbath of the Lord thy God . What other time soever we imploy privately and particularly in his worship , this must generally be performed , and kept both by our selves and our very cattle , for if every creature groane with us , Rom. 8.22 . it is also just , that they rejoyce with us sometime . But though God be much wronged in this kind , as well as in other his rights , yet since it is confessed of all parts to be due unto him , by the expresse Canon of his word , I will not medle with it any farther : only I desire that the abusing of it were severely punished , or at least in such sort as the Lawes have appointed .

CAP. II.

The second kind of tribute that we are to render unto God , i. a portion of our Land .

THe second thing that God hath given unto man is a place for his residence , and that is the earth in generall , and to every nation and family a part thereof in particular . The earth hath he given to the children of men : Psal. 115.16 . But as he reserved a portion of the time of our life for the celebration of his honour , so hath he also reserved a portion out of the place of our residence . For in Ezek. 45. he commandeth the children of Israel , and in them all the nations of the world , that when they come to inhabite the land he giveth them , they must divide it into three parts , one for the people , another for the King , but the first for God himselfe . God must have Enetiam partem , as the Lawyers terme it , the part of the eldest , or first borne ; for the tribe of the Levi ( that is , his Priests and Ministers ) are called to be the first borne of his people .

Therefore he saith , When ye shall divide the Land for inheritance , ye shall offer an oblation to the Lord , an holy portion of the Land . Ezek. 45. And by and by he declareth how it shall be imployed , one part to the building of the house of God , and the other part for the Priests and Ministers to dwell on . And this is no Leviticall precept , but an institution of the Law of nature ; and in performance of the duty that he was tyed unto by this Law , Jacob when he was poore , and had not wherewithall to build God an house , yet he sanctified a portion of ground , ( when God had blessed him ) to that purpose , by erecting a stone and pouring oyle on the head thereof , calling the place Bethel , that is , the house of God , and vowing to build it , when God should blesse and make him able to doe it : Gen. 28.22 . which as Josephus testifieth , Antiq. lib. 1. cap. 27. he afterwards performed . And as God commanded the whole Nation of the Israelites in generall , that in laying out the chiefe City , they should first assigne a place unto God for his Temple & Priests : So likewise he commanded every Tribe thereof in particular , that after they had their portion in the division of the Land , they should likewise out of the same assigne unto the Levites Cities to dwell in , with a circuite , or suburbs of a thousand cubits round about to keepe their cattell in . Command the children of Israel that they give unto the Levites of the inheritance of their possessions Cities to dwell in : yee shall also give unto the Levites the suburbs of the Cities round about : so they shall have the Cities to dwell in , and the suburbs shall be for their cattell , and for their substance , and for their beasts : And the suburbs of the City , which ye shall give unto the Levites from the wall outward shall be a thousand cubits round about . Numb . 35.2 , 3 , 4.

In execution of this Commandement every Tribe of Israel allotted certaine Cities to the Levites , out of their portion , according to the quantity thereof : as appeareth , Jos. 21.41 . The whole Land of promise according as St. Hierom layeth it out in his Epistle to Dardanus , Tom. 3.68 . containeth in length from Dan to Bersabe scarce 160. miles , and in breadth from Joppa to Bethlem 46. miles . A small portion of ground for a Kingdome so famous ; and so small indeed , as St. Hierom there saith , that he is ashamed to tell the breadth of it , lest it should give occasion to the heathen to blaspheme , or deride it : yet out of this small territory ( not so much as the principality of Wales with the Marches ) fourty eight walled Cities ( more then are in all England , as I take it ) were assigned onely for their Clergy to dwell upon : their maintenance , and revenues being otherwise provided generally through the whole Kingdome by Tithes , oblations , and other devotions of their brethren . So that it is apparent both by the Law of God , and Nature , that God must have one portion of our Lands to build him an house on , that is , his Churches , and another portion thereof for the habitation of his Levites , that is , his Ministers .

CAP. III.

That the portion of Land assigned to God must be sufficient for the habitation of the Minister .

THough the portion of Land , thus to be rendred to God for his Ministers , be not certaine , yet is it thus farre determined , that it must be answerable to the necessity of the service , and to the number of the Levites ; that is , there must be Churches sufficient for the congregations ; and habitations sufficient for the Ministers and their families to dwell upon , with pasture convenient for their domesticall cattell . They must not be pulled from God with secular care , and therefore their maintenance is appointed to arise by other meanes then by tilling the Earth ; but their habitation as befitteth students , and men of contemplative life must be under their owne command , and solitary . But what , should the portion of the fruites of the earth assigned them for their maintenance be certaine , as namely the tenth part ; and not the portion of Land also allotted for their habitation ? I answer , that as the people encrease , so also the fruite of the earth encreaseth with them , by their industry and labour ; and therefore as the Levites encrease in number , so doe the rest of the Tribes ; and by reason thereof there is a greater encrease of Tithe toward the maintenance of the Levite : for the labour of ten men yeeldeth more profit then the labour of five . But when the Levites were inclosed within walls , and confined with immutable bounds , this circuite in reason could not alwaies be sufficient for them ; And therefore being so increased as their Cities might not containe them , they must of necessity have new places of habitation provided for them . For in such cases God gave a generall rule to the people , Deut. 12.19 . Beware that thou forsake not the Levite as long as thou linest in the Land . And the people of the Jewes in this necessity did not forsake the Levites , for before the transmigration to Babylon , ( which was about 840. yeares after ) the Leviticall Cities ( as appeareth , 1 Chron. cap. 6. and cap. 9.1 . were growne to be about sixty eight , viz. twenty more then were appointed by Josua . They might not enlarge the bounds prescribed to their Cities , but they might encrease the number of the Cities , as the number of the Levites encreased , and necessity required . The reason is , they might not adde house to house , and field to field , lest growing great in earthly possessions they should forget God , who had otherwise provided for them , then by manuring the earth , but if they wanted habitations , they might then seeke for new Cities , and the care of the people was to provide them for them . One Levite might not have more then sufficient for his habitation , but if the Cities appointed were not sufficient to yeeld an habitation for every Levite , then might they assigne new Cities to that purpose .

CAP. IV.

That Christ released not the portion due to God out of our Lands .

THe possession of Lands is ex jure ●●umino , but the earth is the Lords ex jure divine . Therefore when he granted the earth to the children of men , and reserved a portion thereof for his service and Ministers , this part thus reserved is in him and his Ministers ex jure divine . In this right Christ calleth the Temple the house of God , and saith also , My house shall be on house of prayer . And St. Paul saith ; 1 Crr. 11.22 . Despise ye the house of God ? So that , doubtlesse , God must have houses for his forvice in all places where we inhabite . But Christ had not wherein to lay his head , Mat. 8.20 . Luke 9.18 . therefore the Ministers must have no houses provided for them : for the disoiple is not above his master . Christ indeed had not whereon to lay his head : for he came to his owne , and his owne received him not . But doth this prove that Ministers should neither have nests in the ayre like birds , nor holes in the ground like foxes ? Did not he that made the Vineyard in the Gospell , build a tower in it for them that dressed it ? So like wise must the Ministers that attend upon the Vineyard of the Church , have their habitations in it . St. Paul appointed it so , when he commandeth us to render a portion unto them , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , of all the good things , Gal. 5.6 . How have they a part in all , if they want it , in the chiefest of all , that is , in our habitations ? Againe he commandeth that they should be Hospitales , Goodhouskeepers ; how should they be so , if they have no houses to keep ? John Baptist lived in the wildernesse ; it is true , and he was commended for it . Christ did not so , though he frequented the fields , yet in that he gave no Commandement that his disciples should follow him ; for he appointed them to remaine in other mens houses . What ? that they should goe sojourne where they listed ? The Commandement hath nothing to the contrary ; but the meaning is thereby apparent , they must have habitations provided for them , or else , shake off the dust of your feet against them , Mat. 10.14 . as much as to say , let them be accursed . So then our Saviour hath not repealed the Law of providing for the Levites , unto his Ministers : He could not give them Cities to possesse , for his kingdome was not of this world . But he appointed them to such places , as themselves should choose among the children of the Gospell . Doeth this differ from the Commandement of providing Cities for the Levites ? Doubtles , no : for as the Logitians say , Conveniunt in eodem tertio . They agree in this , that the Ministers must have habitations provided for them , as well in the Gospell , as the Levites had under the Law . Oh , but they must have no inheritance among their brethren , for the Lord is their portion . Numb . 18.24 . It is true , the Lord hath communicated with them his owne portion , viz. his tithes and his offerings , as he did with the Levites ; therefore as the Levites had no share in the division of the Land , so our Ministers must have no share with us in tilling the Land , & matters of husbandry , for they are called from secular cares to spirituall contemplation ; but after the Israelites had their shares in the Land they yeelded portions to the Levites for their convenient residence , and so must wee for our Ministers . And so still the conclusion is , they must be provided for . Which , to shut up the matter , is invincibly ratified by our Saviour himselfe , who in sending forth his disciples would not suffer them to take the least implements of sustenance with them , because he would put them absolutely upon the care and charge of the congregation , alledging a Maxime of the morall Law for warranty thereof , that the labourer is worthy of his hire . Mat. 10.10 . And therefore into whose house soever yow enter , stay there . Mat. 10.11 .

CAP. V.

What part in reason , and by direction of Nature might seeme fittest for God .

It being agreed that some part by the Law of Nature is due unto God out of all the time of our life , and the goods that we possesse , it is now to be examined how far this Law of nature or reason may lead us to the discovery of that part or portion . For which purpose we must for a while lay aside Canonicall Divinity , I mean the Scriptures , and suppose our selves to live in the ages before the Law was given , that is , in the time of nature . And then let us propose this question to the Sages of that world , and see what answer we are like to receive from them . And first touching this question , What portion of our time or goods were fittest for God .

It is like they would have considered the matter in this manner . That God hath not any need either of our time , or goods , and that therefore he requireth them not in tanto , that is , to have so much , and no lesse . But on our parts it is our duty to yeeld unto him as much in quanto as we can conveniently forbeare over and besides our necessary maintenance . So that as Bracton saith of Hyde , that tenants are to yeeld unto their Lords , it must be honorarium Domine , and not grave tenenti , so much as the Lord may be honoured by it , and the tenant not oppressed ; wherein if a second , third , or fourth part be too much , so a twentieth or thirtieth seem also too little . As God therefore desireth but an honourary part , not a pressory : so reason should direct us to give him that part , wherein his own nature with the respects aforesaid is most properly expressed ; for the maxime , or axiome which our Saviour alledged , Date Deo quae Dei sunt , give unto God the things that are Gods , is grounded on the Morall law originally ; and therefore examining among numbers which of them are most proper , and resembling the nature of God , we shall finde that seven and ten above all other perform this mystery , and that therefore they are most especially to be chosen thereunto ; therefore God in the Creation of the world following the light of nature , chused the seventh part of the age thereof , as Philo Judaeus in his Book De fabricatione mundi , pag. 36. hath with singular and profound observations declared .

And because it may be demanded hereupon , why he should not by the same reason have the seventh part of our goods also ; I answer , that as touching the time of our life , he giveth that unto us of his own bounty , meerly without any industry on our part : so that whether we sleep , or wake , labour , or play , the allowance thereof that he maketh unto us , runneth on of its own accord ; and therefore we owe him the greater retribution out thereof , as having it without labour or charge . But as for the fruits of the earth we have them partly by our own labour , though chiefly by his bounty ; and therefore he therein requireth his part , as it were with deduction or allowance of our charges , seeking another number befitting the same .

The first place in Scripture wherein a Priest is mentioned is Gen. 14.18 . where Melchisedek is said to be the Priest of the most high God ; there also are tithes spoken of , and paid unto him , v. 20. Abraham gave him tithes of all .

The first place also , where an House of God , or Church , is spoken of , is Gen. 28.18 , & 22. there also are tithes mentioned and vowed unto God , even by that very name whereby Parish Churches upon their first Institution in the Primitive Church were also styled , that is , by the name of Tituli , Gen. 28.22 . Lapis iste quem pofui in titulum erit Domus Dei , & omne quod dederis mihi decimas prorsus dabo tibi ; wherein it seemeth the Primitive Church at that time followed the translation then in use : for Damasus in the life of Euaristus Bishop of Rome , Anno 112. saith , Hic titulos in urbe Roma divisit Presbyteris , Edit. 1606. Tom. Concil . 1. pag. 106. And speaking after of Dionysius , who lived Anno 260. he saith , — Presbyteris Ecclesias divisit , & coemeteria , Parochiasque & Diaeceses constituit . Tom. Concil. 1. pag. 206. Thus Church and Tithe went together in their first Institution .

If there be no mention after of Tithes in the Scripture till the time of Moses , that is no reason to exclude them , for so also is there not of any House of God , or Priest : yet no man will deny , but both are necessary , and therefore let them also say , whether they be ex Jure divino ; I mean Churches and Priests before the Law and Gospel .

CAP. VI.

Concerning the Revenue and maintenance of the Church in her infancy , first in Christs time , then in the Apostles , by a communion of all things , and submitting all to the Apostles ; as in the Churches of Jerusalem , Alexandria , Rome , and Africa . How the Clergy had their allowance given them , weekly , or monethly , per sportulas , in baskets . De jure sportularum , concerning those baskets and the manner of them . When Lands were first given . The Church goods distributed by the Bishops and Officers under them . The liberality of Constantine and other Emperors . The piety and charity of the Clergy in spending their goods and means .

WHilest the Church was in her foundation , shee had no other maintenance , then the poor private purse of our Saviour , supported onely by the almes and contribution of his poor Disciples and followers ; for as himself had no house to live in , Joh. 12.6 . so had he no rents to live on : being therefore often in want , he was constrained sometimes to use the power of his Godhead to supply the necessities of his Manhood , and to call the fish of the sea to aid him with money miraculously , Mat. 17.27 . while the beasts of the Land withheld their devotion from him unnaturally ; but whatsoever it was that his Godhead blessed his Manhood withall , he divided it , as appeareth in the Gospel of Saint John . 13. ●9 . into two parts ; one for the sustenance of his family , the other for relief of the poor . Touching the part assigned to his family , it was nor curious , nor superfluous , no not at the great feast of Baster , when others were so sumptuous , and profuse , his rule was then , to buy the things they had need of . And touching the provision of his house at other times , we have twice an Inventory taken of it , once in Matth. 14.17 . where it was found to be but five loaves and two fishes : yea , Mar. 6.38 . Luk. 9.13 . Joh. 6.9 . barly loaves : another time , Mat. 15.34 . but seven loaves and a few little fishes , for himself and his whole houshold ; twelve Apostles in ordinary , besides some servants , and a multitude of Disciples hanging upon him extraordinarily . All the beasts of the forest were his , and so were the cattell upon a thousand hils , yet read we not that he once killed so much as a Calfe , for the provision of his family : for flesh could not be had but for money , and money going always low with him , he used such kinde of victuals especially , as might always be supplyed unto him by the industry of his Disciples from the common storehouse of nature , the sea , without being beholding or burdensome to any man .

In this frugality lived our Saviour touching his houshold expence , that there might be the greater remanet for the poor : and from this modell of the Church in his poor family , was the great frame of the Universall Church first devised , as well for raising , as disposing of her Revenues ; the means of raising them , from the oblations and devotion of the people : the manner of employment of them , for the necessity onely of the Minister and poor . Thus much doth Augustine also declare upon the place alledged out of Saint John , Tractat. 62. Habebat Dominus loculos , ●ist . 12.9.1 . Habebat . &c. Our Lord had his treasury or bagge , wherein he kept the things that were offered by the faithfull , and did distribute them to his family and such other as had need : then first was the form of Church government instituted .

The Apostles following our Saviour exactly , would not be rich servants of a poor master , nor owners of any thing , when their Lord himself possessed nothing : holding it therefore not fit for them , aut in imis consistere , sed nec in mediis , they reached at the highest garland of perfection : and because their master had said , Let him that will be perfect , sell all that he hath , and give to the poor ; whatsoever was their own , and whatsoever was given them by others , they cast it all into the common treasury , disposing it by their masters example to two uses onely , Hospitality and Alms , or works of charity ; in their hospitality they provided for the whole family of the Church then living with them at Jerusalem , ( out of which arose the great businesse of serving the Tables , spoken of in the Acts ) all of them jointly caring for every man in particular , and every man particularly applying himself to support the generall . Their alms and part assigned to them in necessity , they dispersed fully and faithfully , not onely to the poor of their own Town , City , or Countrey , but wheresoever through the world the members of Christ had need .

And so carefull they were in employing these things to the highest benefit and honour of the church , that Paul chused rather to live in want , and earn his sustenance with his fingers , then to diminish this blessed portion , by taking his due share out of it . Yea , the only thing that the Apostles gave so precisely in charge one unto the other , was in every passage , that they should remember the poor , Gal. 2.10 . Act. 11.36 . 2 Cor. 9.3 . as the bowels of Christ , the darlings of the Church , and those whom God especially had chosen to be rich in faith , and heirs of the kingdome , Jam. 2.5 .

With this mortar ( I mean this blessed theologicall work of charity , which S. Paul so highly extolleth above other ) did our Saviour lay the first stones in the foundation of his Church , and with it ( to hold uniformity ) did the Apostles build the second course , commending the pattern to be for ever after pursued throughout all ages : for whatsoever is built without it , is like stones laid without mortar , which cannot therefore couple together , and grow into an holy Temple in the Lord , as is required , Eph. 2.21 .

In the succeeding Church founded by Saint Mark , ( the Disciple of Saint Peter ) at Alexandria in Egypt , the same rule ( used before by the Apostles at Jerusalem ) was so precisely established , ●ieron . in vita Marci . that he thereby drew all Christians to follow his example ; insomuch that Philo Judaeus , a famous Author of that time , reporteth that not onely there , but in many other Provinces the Christians lived together in societies , and he calleth even then their habitations 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Monasteries : saying , that none among them possessed any thing to his private use ; no man was rich , no man poor , but all divided their substance to them in necessity ; disposing themselves wholly to Prayer , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . i. e. ●mperantia , ●mtinentia , moestia . singing of Psalms , to matter of doctrine , and to temperance .

Come lower down . Dionysius Corinthius in an Epistle to Soter Bishop of Rome , in the year of Christ , 170. congratulateth with him , that the Church of Rome still continued her ancient use in dispersing her goods in works of charity . It is now growne to be an ancient custome with you , to bestow many benefits upon all the brethren of the Church , and to send maintenance to the Churches in every City : so that thereby you doe not onely relieve the necessity of the poor , but of the brethren also which are condemned to the slavery of the metall Mynes , and by this benevolence of yours , which now you have used to send into all places , even from the first Plantation of your Church , your selves being Romans , have diligently preserved the Romans custome instituted by the Fathers ; which also your Bishop , the blessed Soter , hath hitherto kept very diligently ; and by his laborious industry wonderfully advanced : not onely in distributing lovingly unto the Saints the goods ordained to their maintenance : but like a mercifull and milde father towards his children , in exhorting the brethren ( which come unto him ) to vertue by blessed and devout perswasions . I report this place at large , for that this use continued exactly in the Church , as Eusebius reciting it affirmeth , till the great persecution under Maximinian , and Dioclesian , which began about the year of our Lord , 304. ) being the age wherein Eusebius himself lived , as he there also testifieth , lib. 4. cap. 22.

And that it was not thus in Rome onely , but in Africa and other Churches , it appeareth plainly by Tertullian in Apologet. cap. 39. where upbraiding the Gentiles with the piety and devotion of Christians , he saith , Etiam si quid arcae genus est , &c. whatsoever we have in the treasury of our Churches is not raised by taxation , as though we put men to ransome their Religion ; but every man that will , once a moneth , or when it pleaseth himself , bestoweth what he thinks good , and not without he listeth ; for no man is compelled , but left freely to his own discretion . That which is given , is accounted as Depositum pietatis , the pledge of devotion ; for it is not bestowed in banqueting , quaffing , or gluttony , but in nourishing and burying the poor , and upon children destitute both of parents and maintenance , aged and feeble persons , men wracked by sea , and such as are damned to the metall mines , banished into Islands , or cast into prison , professing the true God , and the Christian faith .

I might thus passe over the first 300. years of the Church , but I desire to make it more apparent how the Clergy of those times lived as well for conversation , as for maintenance . The times ( to tell the truth ) were such as had not been from the very creation : Times wherein God opened the windows of persecution , and rained bloud upon his Church , as he did water upon the world in the days of Noah ; and as in the planting of the Law , he scourged the enemies of his people with ten famous plagues , so now in the founding of the Gospel he tried his children with ten grievous persecutions ; by reason whereof the Clergy then aspired so generally to the crown of martyrdome , that they prepared their bodies to this sacrifice by the austerest rules of conversation that they could devise , contemning all worldly pleasure , all curiosity of meat , drinke , apparel , sustenance and necessities , wasting their flesh with abstinence , fasting , thin cloathing , going sometimes barefoot , denying all things to every sense , that it particularly delighted in , applying themselves wholly to Prayer and Preaching , to support and enlarge the Gospel ; and to be short , to doe the work of Gods Vineyard faithfully in all things and laboriously , as appeareth abundantly in Eusebius , Nicephorus , Socrates , Ruffinus , and other ancient Ecclesiasticall Authors . These are they of whom the world was not worthy , these gained every man his ten talents , and sit now in the first seats of heaven , next unto the throne of the Lamb.

Touching their maintenance , the means thereof arise chiefly ( as appeareth by Tertullian , Origen , Cyprian , and others ) out of the oblations of the people , benevolences , first-fruits , tithes , &c. which being continually offered at the Altar , or brought into the treasury of the Church , were one while employed in common to the diet and necessities of the brethren and Clergy , but at length distributed by portions , first , weekly , as it seemeth by a decree of Pius the first , Bishop of Rome , in the year of our Lord , 158. after monthly , as appeareth by an Epistle of Cyprian ad clerum , lib. 4. Epist. 5. to every Priest particularly . The manner how this was performed , appeareth not sufficiently in the Authors of those times ; but I will recite the places in their own obscurities ; first , touching that assigned to Pius , Tom. Con. 1. pag. 125. In vita Pii . Col. 6. Vt de oblationibus quae offeruntur à populo , & consecrationibus quae supersunt , vel de panibus , quos deferunt sideles ad ecclesiam , vel certè de suis : Presbyter convenienter partes incisas habeat in vase nitido , & convenienti , ut post missarum solennia , qui communicare non fuerunt parati , Eulogias omni die Dominico , & in diebus festis exinde accipiant , quae cum benedictione prius faciat . Ex codice quinto librorum , lib. 2. c. 117.

And Cyprian in the place above cited , p. 126. Caeterum Presbyterii honorem designasse nos illis jam sciatis , ut et sportulis iisdem cum Presbtyeris honorentur , & divisiones mensurae aequalis quantitatibus partiantur : whereby it appeareth that the Priests at this time ( which was about the year 240. ) had every man his allowance delivered monthly per sportulas ; that is , by baskets , whereupon they were called fratres sportulantes , basket-brethren , or brethren that lived on the basket ; and it may be that some understanding the words , as we now use them for an alms basket , could be contented that the Ministers lived in like manner at this day . To deliver therefore that sacred and most honourable profession from such base imputation , I hold it necessary to say something of this jus sportularum .

Sportula , is sometimes used generally for every basket , sometimes particularly for a Market basket , or panyer , and because the use among the Romans was to cast their Market money into this basket , therefore that very mony , and the Market meat it self also was called sportula .

Besides it is taken for a vessell , a place , a portion , or provision of victuals .

So Sportula Salutatoria , or Salutantium , was a basket , or messe of meat that the great men of Rome by way of congratulation doe give to the Cities which came to visit them . Martial . lib. 1. Ep. ad Flaccum .

Dat Bajor a mihi quadrantes sportula centum , Inter delicias quid facit ista fames ?

And these great men had at the entry of their houses a place of purpose for keeping this kind of provision , to bestow on their friends ; which place was thereupon also called sportula , which Iuvenal seemeth to aim at under the name of limen prineum , Satyr . 1. — Sportula primo

Limine parva sedet , turbae rapienda togatae .

But expresly in his third Satyr .

Nonne vides quanto celebratur sportula fumo ?

Sportula publica , was a like distribution made upon some notable occasion by the Senate and Emperors of Rome , to the people in lieu of the solemn feastings formerly bestowed on them : which allowances being afterwards too niggardly abridged , Domitian ( as Suetonius in his life , cap. 7. reporteth ) sportulas publicas sustulit , revocata coenarum rectarum consuetudine , which Martial also remembreth in an Epigram to Domitian l. 8.

Grandia pollicitus quanto majora dedisti ? Promissa est nobis sportula , Recta data est .

Sportula nuptialis , signified the wedding feast or provision ; Coelius Rhodiginus Antiq. lect. l. 28. c. 21. apud Apuleium sportulas legimus nuptiales , quippe ( inquit ) ita placuerat , insuburbana villa potius ut conjungeremur , ne cives denuò ad sportulam convolarent .

Sportula convivalis is described also by Coelius , lib. 27. cap. 24. Eranon ( inquit est ) quod pluribus differtum occumbentibus sit ; sed ita ut ferat sibi unusquisque quod edat , quod etiam 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , dicebatur , id est , sportula . Sportula opipara , I may tearm that which is mentioned by Tully in his Epistles , Famil . lib. 9. Ep. 20. Dediscendae tibi sunt sportellae & artologani , where some interpret sportellae , for those meats , quae secundis mensis numerantur , dishes of the second course , and greatest dainties .

So that sportula presbyteria was no base thing , but an honourable congiary , or portion of victuals distributed to the Clergy , whether by the basket , as the word signifieth , or in vase nitido , as Pius appointed it ; And thus much doth the very place alledged out of Cyprian intreat , where he saith , sportulis idem cum presbyteris honorentur .

What this sportula contained I cannot declare , but Alexand. ab Alexand. Genial . dier. lib. 5. cap. 24. speaking of the Roman sportula publica saith , In qua frequens obsonium panis , oleum , & porcina caro dari solita est , absque vino ; and Domitius in his Comment. on the first Satyr . of Invenal , much more fully , ex sportula omnia sibi coemebant , quae & ad victum & ad cultum pertinerent . So that , sportula presbyteria , seemeth to be then a Cornu copia , that ministred unto the Clergy all things they had need of , as well for cloathing , and other necessaries , as for sustenance . For no doubt the people of God did at this time , not onely according to the precept of the Apostle , make the Ministers of the Word partakers of all their goods ; but as Abraham did also to Melchisedek present unto them , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , the very top and chiefest part thereof , following Abraham in offering the fat , and abhorring to give the carrion things unto God , like the sacrifice of Cain .

And that it may be no disgrace to the honourable Ministers of the Church to live thus , ex sportula , let me note by the way that the Kings and Princes of the world are likewise said to live ex sportula ; for their Exchequer or Treasury hath thereupon the name of Fiscus : which word as appeareth by Ascanius , is all one with sportula . Strigelius in leg . lib. 2. pag. 307. Fisci , fiscinae , fiscellae ( saith he ) sportea sunt utensilia ad majoris summae pecunias capiendas , unde quia major summa est pecuniae publicae quàm privatae , factum est ut fiscus pro pecunia publica & inde confiscare dicatur ; a little before he saith , Sportae , sportulae , sportellae , munerum sunt receptacula ; And let me also remember that in the Easterne Empire , the Master of the Store-house and Wardrobe , as well Palatine , as Ecclesiastical , was called , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Codin . p. 5. Suidas . and 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , that is , a Canistro , vel Sportula .

Touching Lands , though the Churches at this time had little , yet were they not altogether without any , as appeareth partly by that which Eusebius reporteth of Paulus Samosatenus , that under Aurelian the Emperour ( i. e. about the yeare 274. ) he wrongfully invaded an house belonging to the Church of Antioch . But more amply by the edict of Licinius , Apud Euseb. l. 10. ca. 5. and Constantine , where it is expresly commanded that all Lands and places which belonged to the Christians , as well for their publique use , as in their private possession , that had been taken from them in the persecution of Dioclesian , should be restored to them . Platina saith , that Vrbane Bishop of Rome , anno 227. first instituted , that the Church might receive Lands and possessions offered by the faithfull , and then sheweth to what end she might enjoy them , namely , that the Revenues thereof should be distributed by portions to every man , and that no man should have them to his particular benefit . Vrbane himself in the Decretall Epistle attributed unto him , affirmeth this usage to be more ancient , saying also , that the Bishops within their Diocese , and other faithfull persons ( appointed by them ) both did and ought to distribute these Revenues in manner before mentioned ; adding further that they were called the oblations of the faithfull , for that they were offered unto God , and that they ought not to be otherwise employed then to Ecclesiasticall uses , the relief of Christian brethren , living together in common , and of the poor people , for that they are the vows of the faithfull , the price of sin , the patrimony of the poor , and delivered over unto the Lord for the performance of this work . Many account this Epistle Apocryphall , I will therefore strengthen it with the opinion of Origen a Father of those times , who in his 16. Homily upon Genesis , disputeth it to be utterly unlawfull for the Ministers of the Gospel to possesse any Lands , ( to their own use , for so I understand him ) confessing himself not to be faultlesse herein ; and therefore exhorting others to joyn with him in Reformation thereof , he saith , Festinemus transire à sacerdotibus Pharaonis , let us make haste to depart from the Priests of Pharaoh , who enjoy earthly possessions , to the Priests of the Lord , who have no portion in earth , for that the Lord is their portion , fol. 26. col . 3. And to shew to what end the Church enjoyeth her goods , and in what manner they ought to be divided amongst her Ministers and poor children , in his 31. Homily upon Matthew he saith — Opus habemus ut fideles simus pariter & prudentes ad dispensandos ecclesiae reditus , &c. It behoveth us to be faithfull in disposing the rents of the Church . Faithfull , that we our selves devour not those things which belong unto the widows , and that we be mindfull of the poor ; and because it is written , The Lord hath appointed that they which preach the Gospel , 1 Cor. 9.14 . should live of the Gospel ; that we therefore take not occasion to seek more for our selves then our simple diet , and necessary apparell : retaining a greater portion to our selves then that we give to the brethren that are hungry and thirsty , and naked , and which suffer necessity in secular affairs . Discreet : as to minister to every man his portion , according to his rank and dignity ; remembring that which is said , Blessed is he which considereth the poor and needy , Psal. 41. for it is not sufficient for us , simply to give away the goods of the Church ; so to keep our selves clear from devouring or stealing of them , but we must wisely consider every mans necessity ; how he falleth into it , what his dignity is , how he came by it , how much he needeth , and for what cause he needeth it . We must not therefore deal alike with them which were pincht , and hardly brought up in their infancy , and with them who being nourished delicately and plentifully are now fallen into necessity . Neither must we minister the same things to men and to women , nor like quantity to old men , and young men ; nor to sickly young men that are not able to earn their living , and those which have somwhat of their own to maintain themselves withall . It must also be considered whether they have many children ; and whether those children be idle , or industrious ; and how far forth they are insufficient to provide for themselves : to bee short , there is great wisdome required in him that would well dispose the Revenues of the Church , and that by being a faithfull and discreet disposer hee may become an happy man . Thus far Origen ; to which purpose Cyprian also in his Epistle to Eucratius , lib. 1. Epist. 10. sheweth that the Church maintained many poor , and that her own diet was frugalioribus & innocentibus cibis , sparing and plain , and all her expence , sumptibus parcioribus quidem sed salutaribus , full of frugality , but sufficient for health .

The persons by whom this distribution of Church goods was made , were chiefly the Bishops ( as appeareth by the former Epistle of Vrbane ) and Deacons appointed under them as in the times of the Apostles , Acts 6. Therefore Origen in his 16. Homily upon Matthew , fol. 31. col . 4. taxing the unfaithfull Deacons saith , Diaconi autem , &c. But the Deacons which govern not well the tables of the Ecclesiasticall money , ( that is , the goods and Revenues of the Church ) but doe always purloin them , not distributing that which they give according unto judgement ; and so become rich by that which belongeth unto the poor ; they are the Exchangers whose Tables Christ will overthrow . For the Apostles in their Acts teach us , that the Deacons are Governours of the Tables of Ecclesiasticall moneys , ( or Revenues ) &c. and again after , — unusquisque diaconorum . Every one of the Deacons which gather wealth to themselves by defrauding the poor , let them now so understand this Scripture , that they gather no more , lest the Lord commeth upon them , and overthrow the Tables of their distribution .

Thus much touching the use of Church goods in the first age of the Church , or first 300. yeers of Christ : whereby it plainly appeareth , that no Ecclesiasticall person enjoyed any thing belonging to the Church to his own benefit ; but that the Church-men had out of the Revenues and goods of the Church , so much onely as sufficed for their necessary maintenance in meat , drink , cloth , and such like : the surplusage being faithfully employed to the relief of the poor , the needy , the widows , persons banished for Religion , or imprisoned , Captives , and Christians any way distressed . So that the Church exposing all this while the dugs of her piety unto others , did live her self on thistles , and thorns , that is , in want , necessity , and professed poverty .

When the flood of persecution had prevailed as many years against the Church in the time of the Gospel , as that of waters did days against the wicked in the time of Noah ; and that Constantine like the Dove of the Ark had brought the olive branch of peace unto the people of God : the Church then began to smell the sweet savour of rest , and changing presently her disposition with her fortune , changed also the very policy of her government : before in poverty , now in riches ; before a servant , now a Mistresse ; before a Captive , now a Conquerour . For the noble Constantine being miraculously converted to the faith , did not onely free her from persecution , but setled her also in the very bosome of peace , raised her to honours , endowed her with possessions , established her with immunities ; and to be short , poured upon her the fulnesse of his regall munificence . Insomuch , that many prudent Fathers foreseeing then another evill likely to proceed from hence ; as namely , that her plenty might make her wanton , and forgetfull of her duty , began now to dispute whether it were lawfull for her to accept lands and Temporalties , or not : Some alledged that the examples of our Saviour and his Apostles bound them to contemn the world , and to live in a strict and Stoick kind of poverty . Others conceived that course to be but temporall , and like a medicinall diet prescribed by Physitians to their patients in sicknesse onely , not in health ? affirming the time to be now come , when it pleased God to crown the long-suffering of his Church , with the blessings promised in the tenth of Mark , v. 29.31 . That since they had forsaken house , and brethren , and sisters , and father , and mother , and wife , and children , and lands for Christs sake and the Gospel ; they should receive un hundred fold now at this present , with their persecutions , and in the world to come eternall life . I will not argue this point , but letting passe the School-men , will rest my self upon the determination of many ancient Councels , Fathers , and Doctors of the Church , who with one consent conclude affirmatively , that the Church may hold them .

And I think their opinion to be of God , for that it hath prevailed these 1500. years against all the enemies thereof , though the Kytes of Satan have pulled many a plume from it .

To return to Constantine ; though he and others by his example did abundantly enrich the Church , yet did not the Church-men take these riches to the benefit of themselves , and their families , but employed them as before to workes of charity , Yea , Silvester himselfe , though the sea of these things flowed into his bosome , and were at his pleasure , yet took he as sparingly of them , as if he had been but a little pitcher , suffering the whole streams thereof to run abundantly amongst the children of the church , and poor people , as did also the other Fathers , Priests , and Clergy of that time , who reckoned not otherwise of riches then as dung , which being spread and scattered in the fields of God , might make them the more fertile . For the resolution then was ( as in the age before ) that no Church-man might take Lands to his private use , nor the Church her self otherwise then for works of charity , and the necessary sustenance of her Ministers , not to make stocks or portions for them in earth , whose inheritance was in heaven , and that had God himself for their portion . Therefore Prosper a godly Father of that time , Lib. 21. de vita Contemplativa . whose authority is often used in the Councel of Aquisgrane , disputing the point , concludeth it thus ; If every Minister of the Church have not a Living , the Church doth not provide one for him in this world , but helpeth him with things necessary , that he may receive the reward of his labour in the world to come , resting in this life upon the promise of our Saviour . To which purpose he applieth the place in the 1 Cor. 9.14 . What is it to live of the Gospel , but that the labourer should receive his necessaries from the place wherein he laboureth ? And a little before him , Hierome also in his Book De vita Monach . Cler. instituenda — saith , Epist. ad Nepotianum . If I be the Lords part and the lot of his inheritance , not having a part amongst the rest of the Tribes ; but as a Levite and Priest doe live of tithes , and serving at the Altar , am sustained by the offerings of the Altar : having victuals and cloathing , I will be contented herewith , and being otherwise naked , will follow the naked crosse . So in his Book De Co. virginitatis , having reproved the curiosity of some Clerks of that time , he saith also , Habentes victum & vestitum his contenti sumus : for as Ambrose saith upon Esay 1. Tom. 2. In officio clericatus lucrum non pecuniarum , sed acquiritur animarum . In the function of a Clegy-man the gain of mony is not to be sought , but the gain of souls .

All these are but particular opinions of some Western Fathers : hear now therefore the determination of the Eastern church assembled in the Councell of Antioch , Anno 340. cap. 25. Episcopus Ecclesiasticarum rerum habeat potestatem , ad dispensandum erga omnes qui indigent , cum summa reverentia , & timore Dei ; participet autem & ipse , quibus indiget , tam in suis , quàm in fratrum qui ab eo suscipiuntur , necessariis usibus , profuturis , ita ut in nullo qualibet occasione fraudentur , juxta sanctum Apostolum sic dicentem , Habentes victum & tegumentum his contenti sumus . Quòd si contentus istis minime fuerit , convertat autem res ecclesiae in suos usus domesticos , & ejus commoda vel agrorum fructus , non cum Presbyterorum conscientia , diaconorumque pertractet , sed horum potestatem domesticis suis , aut propinquis , aut fratribus , filiisque committat , ut per hujusmodi personas occultè caeterae laedantur ecclesiae , Synodo provinciae poenas iste persolvat . Si autem & aliter accusetur Episcopus , aut Presbyteri , qui cum ipso sunt , quòd ea quae pertinent ad ecclesiam , vel ex agris , vel ex alia qualibet Ecclesiastica facultate sibimet usurpent , ita ut ex hoc affligantur quidem pauperes , criminationi verò , & blasphemiis tam sermo praedicationis , quàm hi qui dispensant , taliter exponantur , & hos oportet corrigi , sancta Synodo , id quod condecet , approbante .

Prosper proceedeth further , and will not suffer that a Minister able to live of himself should participate any thing of Church goods . Nec illi qui sua possidentes , &c. For saith he , They which have of their own , and yet desire to have somewhat given them of that whereon the poor should live , doe not receive it without great sinne . The holy Ghost speaking of Clerks ( or Clergy-men ) saith , They eat the sins of my people . But as they which have nothing of their own , receive the food they have need of , and not the sins : so they which have of their own receive not the food ( which they abound with ) but the sins of other men .

Therefore though the Councell of Antioch , An. 340. Can. 25. ordained that the Bishops might distribute the Church goods , yet would it not suffer them to take any portion thereof to the use of themselves , or of the Priests and brethren that lived with them , unlesse necessity did justly require it , using the words of the Apostle , 1 Tim. 6.8 . habentes victum & tegumentum his contenti sumus ; having food and raiment let us be there with contented . And decreed further , that if the Bishops should not be satisfied , but did employ any goods of the Church , to their kindred , brethren , or children , they should answer it at the next Synod . So likewise touching Priests , as the words subsequent imply : and as Achilles Statius expoundeth it , pag. 14. for the Priests at that time had nothing but by the assignment of the Bishops : and if the Bishops themselves might take no more then onely for their necessity , we may easily judge what the inferiour Clergy might doe .

But Gregory looking upon 2 Thess. 3.7 , 8. where it is said , You ought to follow us , we take no bread of any man for nought ; and that he which will not work , should not eat : applieth these to the Clergy , and concludeth that though such kind of Ministers have never so much need , yet they must not participate the food of their function or Church Revenues ; for saith he , Pensemus cujus damnationis sit , &c. let us think with our selves how great damnation it is to receive the reward of labour without labour . Behold , we ( the Clergy ) live of the oblations of the faithfull ; but what ? doe we labour to get the goods and cattell of the faithfull ? doe we take those things for our wages which the faithfull have offered for the redemption of their sins ; and doe we not earnestly labour as we ought to doe , against those sins , by industry of prayer and preaching ?

For the next Ages of the church , Note . what the Authour intended further will bee supplied by himselfe in the 20. chap. following , collecting out of divers Councels severall canons touching tithes : but for our owne church of England he doth abundantly expresse himself in his first Tome of our English Councels ; out of which see the collections here following , cap. 27. and much also may be observed out of Mr Selden in his History , c. 6. where he sheweth when Tithes began to be commanded by Laws and Synods , and withall giveth the reason out of Agobardus a very learned Bishop of Lions ( as he truly saith of him ) why Councels did not at first make canons touching Tithes and gifts to the church : which Agobardus speaketh touching generall Councels ; but Provinciall Councels did frequently command them , as will appear by the collections following here , cap. 20. Agobardus words are considerable , in his Book De dispensatione contra sacrilegos , p. 176. Jam verò de donandis rebus & ordinandis ecclesiis , nihil unquam in Synodis constitutum est , nihil à sanctir patribus publicè praedicatum : nulla enim compulit necessitas , fervente ubique religiosa devotione , & amore illustrandi ecclesias ultro aestuante , &c.

Concerning giving of goods , and endowing of churches , nothing hath over been decreed in Councels , nothing publickly promulgated by the holy Fathers , for no necessity required it , the religious devotion , and love of beautifying the churches every where abounding of their owne accord . At first religious christians sold all their lands , Acts 4.34 , 35. goods , houses , and possessions , laying down the money at the Apostles feet , Acts 2.45 . and long after the Apostles time devotion and zeal in this kind was so fervent , that there was no need of laws , but when this zeal began to waxe cold in the next Ages following , then laws and canons were made more carefully for Tithes and maintenance .

Many Kings and Princes also were so pious and carefull , that the full tenth should be paid , that they made severall lawes to pay a ninth part , that so they might bee sure to pay more rather then lesse then a tenth : Ex propensiori in Deum animo ultra decimas , nonas dabant pii : As this Authour proveth by very many laws alledged in his learned Glossary , which shall be produced in due place and time : and cap. 11. here following prudently observeth : How many things in the beginning both of the Law and Gospel , were admitted , and omitted for the present , and reformed afterward : for when the Law was given , the wheels thereof could not presently fall into their course ; and so likewise in the New Testament , the Apostles themselves are compelled to many necessities , and to suffer many things which were reformed afterwards .

To which discourse I leave the Reader , who may thence receive satisfaction , why laws and canons for Tithes and maintenance were not made in the first Ages so exactly and carefully as afterwards they were enacted both by Temporall and Ecclesiasticall powers .

But as others also observe for succeeding times ; Churches and Tithes were both miserably overthrown and lost in most of these Western parts of the Empire , by the Invasion of the barbarous people , Hunnes , Goths , and Vandals , upon the Christian world , who first invading Italy under the Emperour Justinian , did miserably spoil and harrow the Countrey , persecuted the Clergy , pulled down Churches , robbed Bishops , and Colledges , overthrew schools of learning , and committed all sorts of wickednesse : and afterwards they set their face against France , where to oppose them Charles Martell would not encounter , unlesse the inferiour Clergy would yeeld up their Tithes into his hands to pay his Armies and Soldiers : for which sacriledge hee is infamous in the publick Histories to this day , especially because he did not restore the Tithes to the Clergy , according to his solemn promise , after God had blessed him with good successe , killing many thousands in one great battail . This fact of Martell was done about the year 660. Chr. and no redresse of it till the Councel of Lateran , neer five hundred years after , Anno 1189. under Alexander the third ; and this was the first violence that ever Tithes suffered in the Christian world , after they left the Land of Jewry and came to inhabite among Christians . But by that foot of Charles Martell it appears , that the Clergy in his time did hold and receive Tithes , and doubtlesse by vertue of laws and canons made in former times , ( witnesse the Councell of Mascon , Anno 586. ) and not so late as about the year 800. which some doe pretend . For that Councell of Mascon , Can. 5. doth affirm , and take them as due by authority and laws of ancient times , and also by the Word of God , and that they were paid by the whole multitude of Christians . So the words of the Canon are expresly . Leges divinae consulentes sacerdotibus ac ministris ecclesiarum pro haereditaria portione omni populo praeceperunt decimas fructuum suorum , — quas leges Christianorum congeries long is temporibus custodivit intemeratas .

Here is no small testimony as well of ancient practice in paying of them , as of great opinion , for their being due ; saith M. Selden , ca. 5. § 5. and so Spelman , ca. 18. infra .

So also the phrase used in the fourth Councell of Arles . Vt Ecclesiae antiquitus constitutae nec decimis , nec ulla possessione priventur ; and other Provincials of that time , and Laws of Charlemain agree with it , saith Mr Selden ; and those phrases must needs refer back to ancient times . So Boniface an Englishman , Bishop of Ments , in an Epistle to Cuthbert Archbishop of Canterbury ( Spelman Concil. p. 241. ) speaketh of some negligent and unworthy Ministers that did receive Tithes and profits , but did not carefully perform their duties : wherby it appears that Tithes were then paid , though some unworthy men received them . And though the originall right be due to God himself , yet because hee hath assigned over his right to the Priests in the old Law , and now to the Ministers of the Gospel , therefore they are to be paid to the Priest or Minister ; for hee is the Steward of Gods house , and in this point no man must respect what condition he is of : for the debt is due to his Master , not to himself ; so that whether he be good or bad , what condition soever he be of , hee standeth or falleth to his own Master , as Spelman sheweth , Cap. 14.

CAP. VII .

That the service of the Levites was clear altered from the first institution , yet they enjoyed their Tithes .

THere be two sorts of Leviticall service : the first instituted by Moses about the Tabernacle , Num. 1. The second by David about the Temple . In the first the Levites were appointed over the Tabernacle and the instruments thereof to bear it , to take it downe , and set it up , Num. 50.51 . to serve Aaron and his sons , and to do the service of the Tabernacle , and keep the instruments thereof , Numb . 3.6 , 7 , 8.

The Levites that belonged to this service in generall were 8580. men , between the age of 30. and 50. years , and the chiefest occasion of their service was upon the removing of the host : for better ordering whereof , it was divided amongst them into three parts .

The 1. to the Kohathites , Numb . 3. The 2. to the Gershomites . The 3. to the Merarites .

First , the Kohathites were 2750. men , and their office was about the Sanctuary , Numb . 4.36 . or Holiest of all , Num. 4.4 . under the government of Eleazar the Priest , Numb . 3.32 . to bear the Ark of the testimony , and all the instruments of the Sanctuary . The covering vail , ( which divided the Sanctuary and the Holiest of all ) the Table of shew-bread , the dishes , the incense , the incense-cups , the goblets , and coverings to cover it with , and the bread that shall be thereon continually , Num. 4. v. 7. the Candlestick , with the Lamps , Snuffers , Snuffe-dishes , and the oyl Vessels thereunto belonging , v. 9. the golden Altar for incense , v. 11. and the instruments wherewith they minister in the Sanctuary , v. 12. The Altar ( of burnt-offering ) with the instruments thereof which they occupy about it , viz. the censers , the flesh-hooks , and the basons , ( even ) all the instruments of the Altar , v. 14. But these being the holiest things , were to bee taken down and trussed up by the Priests , some of them in blew silk , some in scarlet , some in purple cloth , all in badgers skins , and the barres and carriages to be put to them by the Priests , as is prescribed , Numb . 4. and then the Cohathites came and bare them away , but touch them they might not lest they die , v. 15. nor see them when they were folded up , v. 20. and Aaron was to appoint what part every man should bear , v. 19.

The Gershomites were 2630. men , Num. 4.40 . under the hand of Ithamar the Priest , the other sonne of Aaron . Their office was to bear the curtains of the Tabernacle , and the Tabernacle of the congregation , his covering and the covering of badgers skins , that is on high upon it , and the vail of the door of the Tabernacle of the Congregation , v. 25. the curtain also of the Court which is neer the Tabernacle and neer the Altar round about , with their cords and all the instruments for their service , and all that is made for them , v. 26. Aaron to appoint every man his charge , v. 27. and watch , v. 28.

The Merarites were 3200. men , v. 44. under Ithamar also , Exod. 26.15 . and they had in charge the boards of the Tabernacle with the barres thereof , and his pillars , and his sockets , v. 31. And the pillars round about the Court , with their sockets , and their pins , and their cords with all their instruments , even for all their service , to be reckoned by name ( or Inventory ) and the instruments of their office and charge , v. 32. Exod. 4. and Exod. ca. 3.

This was the office and charge of the Levites as they were simply Levites , and not Priests also : and for their service in this kind , were they judged worthy of the Tithes of all Israel . But when Solomon had builded the Temple and there setled the Ark , the Altars , and all the holy implements , this businesse of theirs was meerly at an end : for those holy things were now no more to be carried up and down . David therefore foreseeing it , transposed the Levites to new offices ; before they were Levites of the Tabernacle ; now he maketh some of them Levites of the Temple , and other Provinciall Levites : according to which is the speech that Josiah useth to the Levites : Put the holy Ark in the house which Solomon the son of David King of Israel did build ; it shall be no more a burden upon your shoulders ; serve now the Lord your God , and his people Israel , 2 Chron. 35.3 .

§ 1. Of the Levites of the Temple .

The Levites of the Temple were those that served about the Temple , and were ( as I say ) instituted by David , but inducted by Solomon . Davids bloudy hands might not build the Temple of peace , 1 Chron. 22.8 . he prepared the treasure and stuffe for the building , the men and the manner for the order of the service , ( ib. v. 14. c. seq . ) but Solomon performed the work . The Levites of the Temple were of two sorts , one Levites and Priests , the other Levites onely : In the function of the Priests , he changed little save the place of their service , not the manner ; before they served in the Sanctuary of the Tabernacle , now he removeth them to the Sanctuary of the Temple .

But to avoid confusion ( because the posterity of Aaron was by this time ( that is , in 600. years ) exceedingly multiplyed ) he divided the Priests into 24. ranks or courses , according to the names of their families , as you may read , 1 Chron. 24.7 . appointing them their turns and times of attendance , which as it seemeth , 2 Chron. 23.8 . ( and as * * Praecepit eis ut unaquaeque generatio ministrarel Deo per dies octo , à Sabbatho usque ad Sabbathum . Joseph . Antiq. l. 7. cap. 15. p. 389. Josephus explaineth it ) was from one sabbath to another , therefore the Greek translation calleth these turns or courses , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 & 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , which Theophylact saith is , hebdomia , a week : Hereupon Zacharias is said to be of the rank or course of Abiah ( which was the 8. rank ) and to execute the Priests office , and burn incense as his turn came , Luke 1.

The other Levites of the Temple ; that is , those that were simply Levites and not Priests ; namely , such as descended not of the line of Aaron , he divided into 3. parts : one to be singers ; another to be porters , and take the charge of the gates of the Temple ; the third to be keepers of the Treasury .

The singers to be divided as the Priests , into 24. ranks or courses ; The porters into 5. parts , one part to every of the 4. gates of the Temple , and the fifth to Asuppim , i. e. the Councell-house .

Their Treasury was generally committed to one as the chief , but under him , to 2. sorts of other officers , one to keep the Treasures of the house of the Lord , ( that is , that were given to the maintenance of the Temple ) v. 22. and the other to keep the dedicate things , v. 26. & 28. But I finde that the Treasury was divided into 3. parts : one called Mesark , wherein were laid up donaria principum , the gifts of Kings and Princes ; the second Corban , in which were donaria sacerdotum , the offerings of the Priests ; and the third Gazophylacium , pro donariis transeuntium , for the offerings of the people in generall , into which it seemeth the poor widow cast her mite . * * Eos verò qui erant de germine Mosis , eminentiùs honoravit ; fecit eos autem custodes thesaurorum Dei , atque vasorum quae reges Deo dicare contigerit . Antlq. l. 7. c. 15. pag. 390. Josephus saith that with this office of the Treasury , as the most eminent , David honoured the off-spring of Moses .

§ 2. Of the Provinciall Levites .

The Provinciall Levites are those whom he severed from the Temple , and placed abroad in the Country to be rulers over the people , both in matters pertaining to God , and the affairs of the King , that is , spiritually and temporally ; some to be Judges , some to be other Officers in the Common-wealth : 1700. of them he set on the West-side of Jordan , and 2700. on the East-side , chief Fathers , and all worthy men , Chron. 26.30 . & 32. Iudices autem populi & scribas eorum 6000. Antiq. l. 7. c. 15. p. 389. Josephus counteth the Levites of this kinde with their Scribes , as he calleth them , to be 6000. whereby it appeareth that the sect of the Scribes belonged to the Judges .

Thus David made a new form of the service of the Levites , far differing from the first : yet the Tithes appointed to the first , remained over to the second sort : and those that medled not with the Temple and holy things , namely , the Provinciall Levites , had their part in the Tithe as well as the Templar Levites ; and therefore as the alteration of the service , whereto they were first ordained , took not away the wages allotted to them : so the second alteration of their service , namely , this of the Gospel , ought not to take from the Levites thereof , our Ministers , the Tithe before paid to the two former kind of Levites ; I mean them of the Tabernacle , and of the Temple . The Templar Levites were delivered from bearing the burden of the Tabernacle , and yet had the Tithes ; therefore the Levites of the Gospel must have their Tithes , though they be delivered from bearing the burden of the Law , and ceremonies thereof .

Though this distinction of Templar and Provinciall Levites may seem new to some men , Note . yet it is plainly grounded upon the Text , and is very materiall to be observed for many purposes . At first whiles the number of the Levites and Priests was not very great , they all attended at the Tabernacle at Shilo , first , or elsewhere : But when the Temple was built by Solomon , and that Tribe greatly encreased , they attended by courses , ( which was before designed by David , 1 Chron. 23. &c. ) and then it fell out but one week in an half yeer to each to attend at the Temple : for the Priests being divided into 24. courses , and so likewise the Levites into 24. no course could come oftner about , then once in 24. months , or a week in every half year , which indeed was their usage , as Josephus sheweth ; and so Scaliger and Salianus , with other accurate Chronologers .

Now the whole Tribe being so mightily encreased in Davids time , as that there were 38. thousand Levites besides the Priests , 1 Chron. 23.3 . Magnus sanè numerus pro isto populo , ut facilè intelligas multos ornatui magis serviisse quàm necessitati : as Grotius there saith .

Therefore God employed them for many uses more then to attend at the Temple : some were designed for other employments in the Common-wealth , and they applied other studies , as being the chief men for nobility and dignity , and also for learning and knowledge in that Common-wealth .

Cum pingue haberent otium , non tantum omnia legis , sed & medicinae , aliarumque artium diligentes ediscebant , ut & Aegyptii sacerdotes , ideoque primis seculis , ex illis , ut eruditioribus Senatus 70 virûm legi maxime solebat . Grotius in Deut. 17.

There was no other Academy or School then in the whole world , but at the Temple among them , where the knowledge of Gods law , or learning in any kinde could bee gained : The administration of law and justice throughout the kingdome depended on them principally ; for God made his covenant with Levi of life and peace . The law of truth was in his mouth . The Priests lips should preserve knowledge , and they should seek the law at his mouth : Mal. 2.5 , 6 , 7. and so Ezek. 44.23 . They shall teach my people the difference between the holy and prophane , and cause them to discern between the unclean and the clean : and in controversie they shall stand in judgment , & they shal judg according to my judgements : and they shall keep my laws , and my statutes in all mine assemblies : they being the principall Judges and Lawyers in that Common-wealth of Gods own constitution . And whereas it is now granted on all hands , that there was 3. Courts of Justice in that kingdome ; 1. the great Councel of 70. Elders ; 2. the Court of Judgement consisting of 23. 3. the Court of three , or some few more : the Priests and Levites were principall men , both Judges and Officers in all Courts , Scophtim & Schoterim , as 1 Chron. 23.4 . both to give sentence and judgement , and also to execute the same : so the Divines doe affirm also in their late Annotations , upon 1 Chron. 26.29 , 30. and 2 Chron. 19.8.11 . They did study the Judiciall and Politique laws , and had power to see the law of God , and injunctions of the King to be observed , and to order divine and humane affairs . And they held also other honourable offices : 1 Chron. 26.1 . for we read that Zechariah a Levite was a wise Counsellor . And Benaiah a Priest , son of Jehoiada , 1 Chron. 27.5 . was one of Davids twelve Captains , being the third Captain of the Host for the third month : and in his course consisting of 2400. was his son Amizabad : 1 Chron. 11.22 . Benaiah was also one of Davids principal Worthies , having the name among the three Mighties . He was also Captain of the guard to David , and after the death of Joab , hee was made Lord Generall of the Host , by King Solomon , in Joabs room , 1 Kings 2.35 .

And because some have doubted whether they were imployed in the administration of justice , it is more clearly of late evinced then formerly hath been : for besides Sigonius , Bertram , Casaubon , Moulin , and divers others , the learned Hugo Grotius , in his Annotations upon Matthew , cap. 5.21 . hath very accurately proved it out of the Text , Josephus , & Philo , and other monuments of the Jews ( whose testimonies at large I cannot now recite ) that there was no distinction , nor division of the Courts of Justice , the one Ecclesiasticall , the other Civill , but the Courts were united , and the Priests and Levites , the principall Judges and officers in every Court , to whom the people were to be obedient upon pain of death , Deut. 17.12 . they being appointed to hear every cause between bloud and bloud , between plea and plea , and between stroke and stroke , being matters of controversie within thy gates ; and as our Lawyers call them , Pleas of the Crown , and Common pleas , or whatsoever else did arise among them . The Provinciall Levites were especially appointed to the Courts of Justice , and also the Templar Levites , when they had performed their courses , ( and went home to their own houses ) being but one week in half a year , were at very good leisure to assist the people in every Tribe , where their Cities were allotted to them , in governing , ruling , and directing in all matters pertaining to God and the King , 1 Chron. 26.30.32 . for which purpose God did scatter them in every Tribe , and turned the curse of Jacob into a singular blessing , Gen. 49.7 . to be divided in Jacob , and scattered in Israel , appointing 1700. to be on the west-side Jordan , and 2700. on the East-side .

The ancient frame of our Common-wealth , for 500. years before the Conquest , was thus disposed and governed , as this learned Authour sheweth fully in his Glossary and Councels ; and happy had it been if things had so continued still : but now the law being otherwise setled , and the Courts divided , it is not safe , or easie to make alteration .

Comes praesidebat foro Comitatus , non solus , sed adjunctus Episcopo ; hic ut jus divinum , ille ut humanum diceret ; alterque alteri auxilio esset & consilio : praesertim Episcopus Comiti , nam in hunc illi animadvertere saepe licuit & errantem cohibere : idem igitur utrique territorium , & jurisdictionis terminus : Glossar . Spelman .

The Bishop and Earl of the County were joynt Magistrates in every Shire , and did assist each other in all causes and Courts ; and so Mr Selden in his History , cap. 14. § 1. By this means there was great union and harmony between all Judges and Officers , whereas there is now great contention for jurisdiction , and intolerable clashing in all Courts , by injunctions , prohibitions , consultations , and crosse orders to the great vexation of the clients and subjects .

The division of Courts seems to have proceeded first from Pope Nicholas 1. as is mentioned in Gratian , Can. cum ad verum 96. dist. about 200. years before the Conquest , which was imitated here by William the Conquerour , whose statute is recited and illustrated by Spelman in his Glossary and Councels , and lately also published by Lord Cook , lib. 4. Institutes , cap. 52. But the further proof hereof will require more then this place , or occasion will bear : onely thus much was necessary to be mentioned and asserted in regard of explication and reference to many passages in this book , and also other parts of his works , which perhaps are not obvious , or well observed by every common Reader . Vide Glossar . Domini Spelman , in diatribis de Comite ; de Gemottis ; de Hundredo , &c. & Concilia passim .

CAP. VIII .

The great account made of Priests in the old Law , and before .

PRiesthood is of 3. sorts . 1. That before the Law . 2. That of the Law . 3. This of the Gospel . The first belonged to the Gentiles , the second to them of the Circumcision , the third to us under grace . The third came in lieu of the second , and the second rise out of the first , which was from the beginning , and the work of nature : Erant nihilominus ea tempestate sacrdotes , nec dum adhuc à lege ordinati , sed naturali sapientia hoc requirente & perficiente . l. 11. in Iob p. 2. for as Origen saith , naturall wisdome required and established it : Abel and Cain , before the Priests office , by the instinct of nature , not by commandement , when each of them sacrificed , or made an oblation unto the Lord , Gen. 4.4 . their outward senses reported to them continually the great mercies that God had shewed unto them : and their inward taught them presently , that they must be thankfull , and what course was fittest to expresse their thankfulnesse ; namely , to honour him that gave all , with somewhat of his own ; I say to honour him with it , not to reward him : therefore both of them ( as it is said in Gen. ) offered of their fruits ; Cain like a churle , his fruits simply , that is , his ordinary and lean stuffe : but Abel like a Prince , his first-fruits , that is , his best fruits , namely , the fat , &c. Gen. 4.3 , 4. Thus was Priesthood instituted , corrupted , and reformed even in the beginning . Cain ( for ought that here appeareth to the contrary ) began it , and likewise corrupted it ; Abel continued , and reformed it : but some rather think ( and so saith Hugo ) that Adam taught it to his children : and this to me seemeth more likely , In Gen. 4.3 . that the better function should be derived from the better man , and not from the bloody mind of murdering Cain .

From this fountain it ran under ground ( I mean unspoken of ) till the time of Noah , and then breaking forth again , did shew it self more perspicuously in his person , for he not onely offered an oblation , which he learned of his Ancestors , but offered it also upon an Altar , which he taught his successors .

By this example of Noah , the exercise of sacrificing grew common ( no doubt ) with the people of that time , and after in the confusion of languages to be dispersed through all Nations , who losing their originall faith with their originall tongue , and falling so to idolatry , applied this holy function to the worship of idols and devils . Amongst which , notwithstanding , ( as here and there an ear of wheat , in a field of thistles ) God had his servants , who from time to time , and age to age , traducing this holy mystery ( as sacred fire ) to posterity , kept it ever in the originall integrity . Besides the regall Priest Melchisedek , such were Abraham and Job , whom though the Scripture intituleth not with that name , yet it testifieth that they used the function , which seemeth then to be ordinarily , though the Scripture mentioneth it not ; for young Isaac could talk of the fire , and wood , and ask where the Lamb was for the burnt-offering , Gen. 22. before Abraham had made the sacrifice there spoken of . But Abraham being first a Gentile , and after the Authour of Circumcision , brought the mystery of sacrificing , Vt non Gentes ex Iudaeis , sed Iudaei ex Gentibus sacerdotium acceperint . Ep. ad Euagrium . Tom. 3. p. 38. and thereby of Priesthood ) from the Gentiles to them of the Circumcision ; so that ( saith Jerome ) the Gentiles received not Priesthood from the Jews , but the Jews from the Gentiles .

CAP. IX .

When our Saviour commanded that the Disciples should take nothing with them , but live on the charges of the faithfull ; this bound not the Disciples perpetually .

WHen our Saviour prescribed his Disciples to take nothing with them , but to live at the charge of them into whose houses they entred ; this was a law to bind the faithfull to provide for the Minister , but not to bind the Minister to live so , and no otherwise ; for though at this time he commanded them to take no scrip with them , ( that is , no necessaries ) yet after he saith ; But now he that hath a scrip let him take it , Luke 22.36 . So likewise he willed them to salute no man , yet it was not his meaning , that afterwards they should be so uncourteous . If this had been a legall commandement to the Disciples , then might they not vary from it , nor live in any other sort without sinne . But Paul and Barnabas left this course of maintenance and lived upon the labour of their hands , therefore this was no binding commandement , but as a Charter of liberty and power granted to the Disciples . They might both use and exact it , if they would , or they might discedere de jure , and leave it if they listed . S. Paul , 1 Cor. 9. largely handleth this point , and concludeth it to the purpose we alledge : So ( saith he ) the Lord ordained that they who preach the Gospel should live of the Gospel , v. 14. But I ( quoth he ) have used none of these things , neither write I these things , that it should ( thus ) be done unto me , v. 15. By which words , saith S. Austin , it appeareth that our Lord commanded not in such sort , as they which preached the Gospel , Tom. 4.99 . might not live otherwise then by that that was ministred unto them by them to whom they preached it : for then ( saith he ) the Apostle did against this commandement , that got his living with the labour of his hands , lest he should be chargeable to any . But our Lord ( saith he ) gave them power to doe it ( if they would ) that thereby they might know that these things were due unto them . And again , a little after he addeth these words ; therefore when the Apostle saith , That our Lord so ordained , but for his part he used it not , he sheweth manifestly , that power was given them to use it , ( if they would ) but no necessity imposed of doing it , ( if they would not . )

And from this distinction is the reconcilement drawn of these two places in Scripture , which otherwise seem contrary , Mat. 10.10 . and Luke 9.3 . say both , that our Lord commanded that the Disciples should not take , no not a staffe with them : but Mark 6.8 . reporteth it , Nothing save a staffe onely . August , de Consens . Eu. Tom. 4.100 . Saint Augustine therefore in the first place understandeth it literally , not so much as a staffe to stay or uphold them : but in the second place figuratively , for power and authority , as if the speech had been , Take no kind of necessaries with you , no not so much as a staffe to stay you , save onely the staffe of authority that I now give you .

And in that our Saviour left these things to the choice of the Disciples and Ministers , he made them Lords and free-men , for necessity imposeth bondage ; Therefore Paul and Barnabas shewed not onely their freedome in not using that that lay in their power , but the noblenesse of their mind also that would depend upon no body ; and hereby we must not judge them to have no right to tithes , because they omitted them also .

CAP. X.

That many things in the beginning both of the Law and the Gospel were admitted , or omitted , for the present , or reformed afterward .

AS Painters in the beginning of their work , use rude colours , and unperfect lines , for their present direction ; so in all great mutations , many things are for the present admitted , or omitted , which future time shall have just occasion to reform . This in humane actions is so common , as needeth no instance : but insomuch as the holy rites themselves are not free from it , neither in the old , nor new Testament , ir is necessary for the point in hand to shew some examples thereof .

I observe therefore three kinds of alterations , 1. Admission of things prohibited . 2. Omission of things commanded ; and 3. Reformation of things established .

Touching the first point ; plurality of wives was forbidden , yet after Lamech had broken this institution , the children of God were permitted also to doe it . So likewise was Divorcement : yet Moses tolerated it .

None might sacrifice in the high places , or under green trees , but onely in the Tabernacle , Deut. 12.2 . yet till the building of the Temple , God often accepted it , as of Gedeon .

The Priests onely might eat the shew-bread , yet David and his followers did eat it also upon necessity .

On the other side , things commanded were omitted for a time ; for when the Law was given , the wheeles thereof could not presently fall into their course . Circumcision it self was not used during all the 40. years travell in the wildernesse , and happily had never been revived , if God had not commanded Joshua to circumcise the children of Israel the second time , Jos. 5.2 . Yea , the great ceremonies of sacrifices and oblations slept all that while , the people offered to Idols , and Aaron with them , but from the first sacrifice that Aaron offered , at the entring into the wildernesse , Lev. 9.8 . &c. not one Altar breathed unto the Lord in 40 years , Amos 5.26 . Even Moses himself was buried in this sleep . How the Passeover and other Feasts were celebrated appeareth not , they are seldome mentioned , and may seem therefore seldome kept . One Passeover at the going out of Aegypt , Exod. 12.11 . Another in the wilderness of Sinai , God then reviving that commandment , Numb . 9.1 . &c. After by Joshua at Gilgal beyond Jordan , Jos . 3.10 . and from that day till the 18. year of Josias , ( that is , above 800. years ) all are passed over as obscure , except one in the time of Solomon , 2 Chron. 35.13 . and 2 Kings 23.2 . But I must not conceal that Moses omitteth the History of 36. years travail in the wildernesse , reporting onely the punishment of him that gathered sticks on the Sabbath day , Numb . 15.32 . and therefore in that time whether it were kept or not , we can conclude nothing : but it is plain that before Ezekias his days it was so utterly lost , that when he came to renue it , it seemed meerly a new thing , 2 Chron. 29. and all this time also , was both the Temple forlorn and shut up , and all the holy rites almost extinguished till he renued them , ib.

For the point of Reformation ; the Levites were by Moses assigned to the Tabernacle ; the Priests to the Altar , but both of them confusedly without distinction , and yet so they continued till the time of David : who to reform this confusion , divided them into ranks , allotted a part of the service to every rank , and assigned to them of the ranks times of attendance , and intermission , 1 Chron. 23 , 24 , 25 , 26. cap. upon which it is said that Zacharias was of the course ( or rank of Abia ) and executed the Priests office , as his course or turn came in order , Luke 1.5 , & 8.

Some things also that were never commanded were brought into the old Law afterward , and well accepted , as the act of fasting , and the habit thereof , sackcloth and ashes .

The brazen Serpent was set up by Gods own commandement , Numb . 21.6 . yet when the people burnt incense to it , Ezekias brake it in pieces , 2 Kings 18.4 . without any commandement .

None might slay the burnt-offerings but the Priests , but when they were too few , and till more were sanctified , the Levites did it , 2 Chron. 29.34 .

Likewise in the New Testament , the wheels of the Gospel were not by and by in their course . The Apostles themselves are compelled to the same necessities .

First , to admit many ceremonies abolished , for if they struck at them all at once , they drive all the Jews from the doctrine at once ; again , if they imposed them upon the Gentiles , the Gentiles repined at the burden : to carry the matter therefore as even as they might , they call a Councell , and consulting upon it , they write to the Gentiles , that they purposed not to burden them but with these necessary things , viz. to abstain from things offered unto idols , and bloud , and that that is strangled , and from fornication , Acts 15.29 . by which the Gentiles could not complain of being burdened with ceremonies , nor the Jews that their ceremonies were contemned . In like sort Saint James and the Elders at Jerusalem seeing many thousand Jews to beleeve , and yet to be zealous of the Law , ( Act. 21.20 . ) they not onely tolerated it for the present , but perswaded Saint Paul ( comming thither ) to doe the like , and further to make a shew also that himself observed the law : whereupon as before he had circumcised Timothy in shew of keeping the law , Acts 16.3 . so now he also personateth a Nazarite , Numb . 6.8 . he is purified , and he is shaven ( as one already ) at Censhrea , Act. 21.26 . and 18.18 .

Thus the Apostles applied themselves to the necessity of the time , the place , and the persons : thus Paul becommeth a Proteus , a Jew to the Iews , a Gentile to the Gentiles , weak to the weak , all to all , and all this to gain all them to Christ , 1 Cor 9.22 .

In the mean while , many things required to the establishing of the Church , must needs be omitted ; the main matters they uphold unto death , but the secondary and remote dependances they refer to opportunity : therefore they by and by pressed no man with keeping the Lords day , and though themselves began by little and little to sanctifie it with breaking of bread , and preaching , Acts 20.9 . 1 Cor. 16.2 . yet the first mention of it is above 22. years after the Passion of Christ in Acts 20.7 . and I suppose it to be begun about that time , because I finde that till that time the Apostles used the Iudaicall Sabbath , but never after , through all the New Testament ; and the reason why they then used it was , for that the greatest Assemblies being on that day in the Temple and Synagogues of the Iews , therefore they resorted thither , there they preached the Gospel , there they taught the people , as if themselves had celebrated that Sabbath . And as it was long ere they brought in the Lords day , so in matters more remote and outward , matters belonging to the body , they were lesse curious ; therefore though they laboured hard in the Lords Vineyard , yet they required no wages of any man . And though Paul prescribed that Bishops should be good housekeepers , yet few or none of them were owners of houses , but rather as fugitives to escape persecution , or as pilgrims to preach the Gospel .

If the law that was given in a solitary place , to a people sequestred from all other , and at union amongst themselves , and having no publique nor potent adversary to hinder the course thereof ; if they I say , could not preserve it in the originall integrity , much more of necessity must the establishment of the Gospel be impeached and turned out of the course thereof , it rising in the midst of the enemies , in the flame of persecution , and with the opposition of the greatest Potentates in every Region . It must therefore have the greater need of sundry Reformations : some of the first lineaments must be wiped out , some altered , & some as occasion served must be added or amended ; the Iudaicall ceremonies that for many years together were permitted in the cradle time of the Church , must be taken away : Paul that then suffered them , now suppresseth them , Col. 3. Gal. 3. ca. 4. c. 5. and the holy Ghost throughout all the Epistle to the Hebrews , beateth them down for ever .

Thus as old branches be cut off , so some new be ingraffed ; the Lords day , the Feasts of Easter and Whitsontide , not spoken of in the beginning , are brought in at length . Deacons are ordained presently after Christ , Act. 6.2 . but no Bishops in 20. years after , nor were they then particularly ascribed every one to his limit , but many together over one City , as at Ephesus , Act. 20.28 . So women at first were admitted to be Deacons , Conc. Laodicen . c. 11. but time afterwards wore them out . Christ commanded his Disciples that they should not goe from house to house , but Paul saith , I have taught you openly , and from house to house , Acts 20.20 .

To conclude , all could not be suddainly done , nor compendiously written , that belonged to the government of the Church , therefore the Apostles left much to the wisedome of the Church , under this generall Commission , Let all be done in order , 1 Cor. 14.40 . a few words , but of great extent , like that of the Dictators at Rome , which being but two words , providere reipub : gave them authority over every thing .

CAP. XI .

That upon the reasons alledged , and other here ensuing , the use of tithing was omitted in Christs , and the Apostles time ; and these reasons are drawn , one ab expediente , the other à necessitate .

THe greater matters thus quailing as aforesaid , it could not bee chosen but things of lesse importance must also be neglected ; especially such as were outward , and concerned onely the body , amongst which the use of Tithing was likewise discontinued , both in the Apostles time , and in the first age of the Law , when the great ceremonies of Circumcision , Sacrifice , and Oblations , the Passeover , &c. and many other holy rites were suffered to sleep .

But some will say , 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 ● . 32. one while at Lydd● , 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 Iconiu●● , 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 Cilit●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 S●phroni●● the Patriarch of Jerusalem affirm , that after his first imprisonment at Rome he preached the Gospel to the Britaines 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 they should have placed their Parsonage or Rectory ? where their Cellar for their tithe of Wines : Where the tithe Barn for the Corn ? or if they had had such places , how should they have been defended à fisce ? how from the rapine of their persecutors ? Our Saviour sending his Disciples but to the neighbour Towns of Iudaea , would not suffer them to encumber themselves with carrying any thing . And therefore the Apostles had great reason to eschew all impediments in these their turbulent and long peregrinations .

CAP. XII .

That Ministers must have plenty .

THose that would have Ministers live of alms and benevolence , make their reason , that they must follow the example of Christ and the Apostles ; but by the example of Christ and the Apostles they are taught to abound in all works of charity themselves , to feed the hungry , to cloath the naked , lodge the harbourlesse , &c. and how shall they perform this , living in want ? 5000. did Christ feed at one time , Joh. 6.10 . Mat. 14.21 . above 4000. at another time , Mat. 15.38 . and even herein are his Ministers bound to follow him , not in the miracle , but in shewing like mercy and compassion : for he faith not , I desire to doe a miracle , but I have compassion on this people , Mat. 15.32 . and therefore lest his mercifull disposition toward them should be unprofitable ( wanting then other means ) he chose rather to perform it by a miracle , then to leave it undone ; yet to shew that all ordinary means must first therein be used , as far as it may be , he neither called for Manna from heaven , nor quailes from the sea , ( Exo. 16.13 . Numb . 11.31 . ) but beginneth the feasts by ordinary means , the one with 5. loaves and 2. fishes , the other with 7. and a few little fishes . In which example of charity and hospitality , the Ministers I say are bound to follow him as far as they can ; for the commandement is Sequere me , Follow thou me , Mark 10.21 . & cap. 5.27 . Ioh. 21.19 . and if the Minister be not able to follow him for worldly wants ( as the Galatians would have given Paul their eyes , so ) the Congregation must give him their legs , that is , means and faculty to doe it : for the arm of working of miracles is now taken from our mother the Church , and therefore her children must now strengthen her hand the more abundantly to work by ordinary means , that is , they must furnish her with worldly necessaries , whereby she may be inabled to perform these great works of charity required of her .

Paul commandeth that the Bishops should be 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , hospitales , 1 Tim. 3.2 . good housekeepers , and how should they be so , if they have not provision and means to maintain it , and that in a certain manner ? for if themselves be fed at the trencher of benevolence , what assurance have they of a dish of meat for their poor brethren ? The heavens themselves are unstable ; now it raineth , and wee have abundance , then commeth drought , and all is in scarcity . The humour of man is as variable ; the people of Lystra that made a god of Paul on the one day , stoned him on the other , Acts 14. and in the fiery time it self , when zeal was most inflamed , our Saviour as it seemeth found even then a cooling blast ; when for want of ordinary supply he was fain to fetch 20d. by a miracle out of a fishes mouth to serve his need withall , Mat. 17.27 .

It is meerly therefore unfit that Ministers should live upon benevolence and uncertainty : therefore though Christ and the Apostles lived so for the present , yet it is not prescribed as a perpetuall law to the succeeding Ministers .

CAP. XIII .

Not to give lesse then the Tenth .

IF those that ministred without the vail of the Temple were worthy of the tenth part , how much more deserved they that minister in the Sanctuary ? the Levites might not come within the vail , that is , into the first Tabernacle , or holy place , Heb. 9.2 . nor meddle with the ceremonies , but did onely the outward work and drudgery of the Lords house , as to bear the burthens , prepare the wood , the water , fire , vessels , and instruments for the sacrifice and holy rites , kill , dresse , and flea the bullocks and beasts for the burnt sacrifice , yet even in this by the rules of equity they deserved a tenth part of the increase of the Land ; yea , the Ministry of the Priests themselves was but in earthly and transitory things , as in types and ceremonies to foreshew a better Testament , yet because their vocation was more honourable then the rest of the Levites , as being called into the Sanctuary , and to perform the holy ceremonies , therefore they received a more honourable portion ; for first , they had the Tithe of their brethren the Levites part , that is , the tenth part of the tithe of all the land , which because they were but few in respect of the whole Tribe of the Levites , as not the 40. part perhaps , therefore the allowance of every one of them was much greater then of any other Levite ; and yet to encrease it , they had the first-fruits , and their portions and fees out of the sacrifice and other offerings , and all these great allowances had they for their service about the earthly Sanctuary , or as it is called in the Epistle to the Hebrews , 9.1 . the worldly Tabernacle .

Come then unto the Ministers and Clergy of our Church , look upon them with the eye of common equity , compare them with the Leviticall Ministery , what proportion their deserts hold one to the other : surely though it be an axiom● of Philosophy , yet it holdeth also in Divinity , that Eadem est ratio partium qua est totius , there is the same reason of the parts that is of the whole ; therefore if the Priesthood of our Saviour be much more excellent then that of Aaron , & the Ministration of the Gospel , then that of the Law , then much more excellent must them embers be of the Gospel , then of the Law . And as their calling is more honourable , so is their charge , as having the care of souls committed to them , for which they must give a stract account : the Levite and the Leviticall Priest were free thereof , and stood onely charged with the performing the ordinary ceremonies , and no further . Their paines much more laborious then the Levites , Though the Levite be said , 2 Chron. 25.3 . to teach all Israel , yet it seemeth not that they expounded the Word of God unto the people , or had it in charge so to doe , but that they instructed them how to carry themselves in their sacrifices & ceremonies : therefore Jerome translateth this place , Davitis quoque ad quorum eruditionem omnis Israel sanctificabatur Domino . who neither were burthened with preaching , nor served any where , but in the Temple at Jerusalem , and not above a week at a time , and notwithstanding had their corrodary , or allowance in the vacation . If then the Levite and Priest of the Law had the tenth part for his entertainment , how much rather is it to be conferred and enlarged upon the Ministers that invest us with spirituall and heavenly blessings ; that as I say are called to a more excellent sunction , and consequently deserve a more excellent reward ; that have a great charge committed to them , and consequently much great travell and labour in performance thereof ? The Levite travelled onely in body , but the Minister of the Gospel both in body and minde : he must nor onely doe the part of the Leviticall Priest , which is to perform the ordinary service , sacraments , and rites of the Church , like the oxe that treadeth out the corn that is brought home , but he must be also like the Dove of the Ark , he must stie about to seek and fetch home to his Parishoners the blessed olive branch of pence . He must be like Solomons Eagle , whose way it in heaven , there seeking food for his Parishoners : and like that Eagle ( that God compareth himself unto Deut 〈◊〉 11. ) that dresseth up her nest , floteth over her birth , stretcheth out her wings , taketh and beareth them upon her wings , ( the feeble and sick souls of his Parishoners ) always teaching , comforting strengthning , and confirming them committed to his charge ; and this shall he dearly earn the portion assigned to him .

Some then will say this is like Simon Magus , to sell the grace of the holy Ghost . No. Ministers must be no Merchants , they must in no case sell Doves , 〈◊〉 the holy Ghost , ( Christ did drive them out of the Temple ) but the people must be just ; piety , justice ; and the law of nature requireth that every man render a reward to the labourer , not onely ●●●●●ding to his labour , but with respect of his function , and the quality of his person ; the Minister must not sell the breath of his mouth , but he may sell the sweat of his brows , hee may not sell his doctrine , but hee may take reward for his travell . It is Gods commandement to Adams posterity , In the sweat of thy face shalt thou eat bread , Gen. 3.19 . much precious sweat doe many worthy Ministers distill for us in their function , which God no doubt putteth up in his bottle , and therefore they must have bread for it : much labour in reading , writing , watching , studying , preaching , and praying , many pined and wasted here with ; for much reading ( the holy Ghost saith it ) is a wearinesse to the flesh , and willeth man to take heed of it , Eccles. 12.12 . and therefore if there were no more in it but so , a worthy reward is due unto them ; but besides this , they minister unto us spirituall things , that is , things inestimable : and is it much then if we return them temporall things ? And though sometimes there may be found amongst them , such as Judas among the twelve Apostles , and in all ages some unworthy of that sacred calling , they being subject to humane frailties , yet tithes are not to be denyed , because they are due originally to God , who assigned them over to the Levites in the old Testament ; for he saith ; I have given them to them , Num. 18.24 . the tithes of the children of Israel I have given to the Levites ; and in the new Testament to the Ministers of the Gospel , for they that preach the Gospel , must live of the Gospel ; they are therefore to be paid to the Priest , or Minister , for he is the steward of Gods house , and in this point we are not to respect what condition he is of , for the debt is due to his Master , not to himself : so that whether he be good or bad , what condition soever he be of , he standeth or falleth to his own Master .

CAP. XIV .

The Etymology , and definition of Tithe ; and why a tenth rather then any other part is to be paid .

DEcimae , and decumae , in the plurall number ; or decima , and decuma , in the singular , ( which Tully most useth ) in Greek , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , quasi 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , i. capacem , saith Philo : 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , à capiendo , because it comprehendeth all other kind of numbers , as more largely hereafter shall appear : For which cause the Latines used the word decimare & exdecimare , to choose and cull out the principall things ; and our own English word , Tithe , importeth as much : for it commeth of the Saxon Teoðh ; , i. e. the tenth , which is a verball of Teo , that signifieth to take out , as if it should admonish us that the tithe or part given to God must bee a choice or principall part . and because this part should of all the rest be the best and the largest which in our English we commonly call , Tithe : of the Saxon word Teoðh ; a , i. e. the tenth : and Teoðh ; an sceattas , tithes : of the verb Teo , i. traho , extraho , & Tiehðh ; , Subtrahit , as if we should say , the choice part , or the part that is taken and chosen from the rest for God himself , which whether it be the tenth or not , yet it is generally comprehended in Latine under decimae , and in English under the name Tithe . Omnia sua decimabant ( saith Augustine ) & de omnibus fructibus suis decimam partem detrahebant & ipsam dabant . & paulo post . Tectum decimabant , id est , decimam partem detrahebant , & eleemosynas dabant , Augustin . Tom. 10. p. 27. D.

Before I proceed further in this Treatise of Tithes , I hold it fit first , to propose a definition thereof , that my discourse may be the more certain . I define it therefore .

Tithe is the tenth part of that we lawfully possesse , rendred by us unto God , by way of thanksgiving for his blessings bestowed on us .

Or according to Hostiensis ; In sum . de doci . § 1. V. Vocab . Vtrius . Jur. in verbo decima .

Decima est omnium bonorum mobilium licitè quaestorum pars decima Deo data , divina constitutione debita , ( quae forte addit author vocabularii ) ut colligitur de decim . Ca. 1. & ca. Parochianos , C. nonest . Ca. tua nobis § verum . C. non sit ab homine — vel , Raymundus . Decima est omnium bonorum justè adquisitorum talis pars Deo debita .

This definition leads us first to examine why the tenth part , rather then any other should be yeelded unto God .

Secondly , out of what it is to be yeelded : all that we lawfully possesse .

Thirdly , unto whom it is to be rendred ; unto God .

Fourthly , in what manner it is to be rendred , viz. by way of thanksgiving .

Fifthly and lastly , upon what consideration it is to be rendred ; and that is for his blessings bestowed upon us .

I have not read why in this matter of Tithing the tenth in number should be rather allotted unto God , then any other : and therefore wanting a guide to direct me , I will walk this way the more respectively ; but according to mine own apprehension I observe two reasons thereof , one Mysticall , the other Politicall . Touching the first , as Plato and the Pythagoneans attributed great mysteries and observations unto numbers : so doe likewise all the greatest Doctors of the Church , and the very books of God themselves , and therefore it is not to be thought that in this point of rendring Tithes , but the number of 10. is also respectively chosen . * * Multis aliis atque aliis numerorum formis ( quaedam similitudinum ) in libris sanctis seponuntur , quae propter imperitiam numerorū legentibus clausa sunt . De doctri . Christ . lib. 2. S. Augustine saith , that many things are not yet understood in Scripture , for that we cannot attain unto the knowledge of the vertue or power of numbers . And both he and Saint Jerome through their whole works continually observe great secrets therein : so doe the rest of the Fathers , and not onely in the Old Testament and Ceremoniall Law , but in the New Testament also : Insomuch that I think there is not almost any number there mentioned , out of which some particular observation is not made . But to come to this we are in hand with . Let us see why this was allotted to God above others , and what part in reason is due unto him : Reason tels us certainly , the best , and the choicest : therefore he refused the unclean beasts ; the lame and the blemished things : for as he is best worthy , so he requireth the best of every thing , the bloud of the sacrifice , because it was the life : the fat , because it was the perfection of it : to be short , the number it self allotted to him , ( the tenths I mean ) if the mysteries thereof be opened , tels us , both why it was yeelded , and why above other he should require it .

It is said to signifie the first and the last , the beginning and the end ; it is finis simplicium numerorum , initium compositorum ; the end of simple numbers , and the beginning of compound : the first articular number , & the last number of single denomination . The number wherewith the progresse of numeration running as it were circularly , always endeth and beginneth again . Repraesentat ( saith Bartholomeus ) merito ipsum Christum qui est Α , & Ω. principium & finis ; that is , it worthily representeth Christ who is Alpha and Omega , the beginning and the end . In these and such other respects it is also said to be like a circle , the greatest and the perfectest body in Geometry , having neither beginning nor ending , ( as other Attributes of God . ) Hermes justly named Trismegist , labouring to describe God by the most significative resemblance that mans wit could attain unto , said ; God is like an imaginary circle , or sphere , whose center is every where , and whose circumference no where : meaning infinite and beyond extent . And as the circle a sphere , of all forms and bodies is most spacious and of greatest capacity , comprehending all other , and it selfe comprehended of none : so the number of 10. comprehendeth all numbers , and is it selfe comprehended in none of them , neither is there any number beyond it , Be Abraham Patriarch . l. 2. but that riseth out of it . Decas ( saith Saint Ambrose ) numerum omnem complectitur . It is the foot and base whereon all of them are founded , and it containeth not only all dimensions , but to be short , all the reasons of Arithmetick , Geometry and Musick . Therefore Philo Judaeus saith , they that first gave names unto things ( for they were wise ) seem to me to have named decadem , that is , the number of 10. quasi 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , i. capacem , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , à capiendo , quod capiat & amplectatur omnia genera numerorum , rationum ex numeris collectarum , proportionum , harmoniarum , rursus & concentuum , proprie appellasse , i. e. of taking or comprehending , for that it taketh or comprehendeth all kindes of numbers , of reasons gathered out of numbers , of proportions , harmonies and concordances . In this manner the number of 10. representeth unto us ( as such things may ) the nature of God , the perfectest , the greatest , comprehending all , and comprehended of none , the beginning and the end , yet infinite and without beginning or end . So that this number ( 10. ) this tribute money in question hath ( in the respects before alledged ) the apparent image of God , and therefore let us see whether it hath his inscription or not ; for sure if it hath his image or inscription , it is due unto him by his own words , his own argument . The Hebrews , & from them the Graecians expresse it by the letters that begin his greatest and essentiall name , Jehovah ; Mat. 22.21 . that is , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 & ι , jod & iota . The Romanes and wee of the Western parts of the world , one while by the letter X , & another while by the figures 10. All know that the letter X signifieth ten , and the learned also know , that it likewise signifieth the name of Christ ; for commonly in ancient times , and to this day in many books it is so written , X ' , or Xs , Xi , Xo , Xm , for Christus , Christi , Christo , Christum : and in like manner for decimus , decimi , decimo , decimum , in the time of the Law it was marked with the letters of the Fathers name , in the time of grace with the Sons name . Yet the truth is , that the letter X thus used for the name of Christ , is no Latine letter , but borrowed from the Greek , where it signifieth Ch , because it represents not onely the name , but the Crosse of Christ , in which the Latin letter X , as the number and character of ten , hath also much hieroglyphicall signifition . To come to the Arithmeticall figures that expresse it , which are the figure of 1 , and the cypher ο , 1 signifieth the same that Alpha doth in Greek , that is , one . The cypher ο , presenteth to us , Omega , for Omega is no more but great O , and in ancient time was noted onely by circle , or cypher , and in effect still is : so that 10. in figures expresseth Α and Ω. As Α is the first letter in the Greek Alphabet , and Ω the last : so in the Alphabet of Arithmetique , the figure of 1 , is the first , and the cypher ο , is the last ; therefore in like respect the figures of this number of 10. signifieth the first and the last , the beginning and the end . But as the cypher ο , in this respect signifieth the end , so we must mark that it is a circle , and hath no end . Being therefore joyned to the figure of 1 , which signifieth the beginning , it sheweth unto us , that the beginning is without end , & the end it self without beginning or end , both infinite & without any limit . The first character in the figure of 10 , viz. 1. begetteth al numbers ( for it is semen numerorū ) & is begotten of none : so that it is unus & omnis , one and all , and so do the very figures signifie in notis antiquorum , according to Valerius Probus & P. Diaconus . Therefore to conclude , it hath both the image of God , in signification of his nature , and the inscription of his name in the frame of the characters and figures ; In all languages and with all Nations after one manner or other , as though nature her self had taught them that this part belongeth to God , which by no wit , or any learning can be applied to , or found in any number between 2 , and millions of thousands . Reddite ergo quae sunt Caesaris Caesari , & quae sunt Dei Deo . Give unto Caesar the things which are Caesars , Mat. 22.21 . Mar. 12.17 . Luke 10.25 . Joh. 13.7 . and unto God , the things that are Gods .

All that we have belongeth unto him , yet is he pleased to accept a part onely ; Decima omnia complectitur . Bullinger in ● . Heb. but we must note further , that it is such a part as implieth the whole , because the whole is his . He loves not to have a piece of us simply , it must be such a piece as comprehendeth all in effect ; therefore when he said , Give me thy heart , it was as much as , give me all : for he will have all or none . Therefore in his sacrifice hee specially required the head , and the tail ; the head as principium , the tail as finem ; the beginning and the end of all our actions : for so the whole is his . And in the same sense the Law of the Land did anciently reckon those parts . For though the whole Fish Royall belongs to the King , yet Bracton saith , it sufficeth if he have the head and the tail ; for that in those parts the whole is implied : and consequently when we give God the tithe , or tenth part , we put him in possession of all , yea , we put the nine parts remaining into his protection ; for the number of ten in like respect implieth the whole , Lib. de 10. praecep . fol. 75 , 76. & seq. Quid si numero isto denario universitas regū significata est ? De C. D. lib. 20.23 . Decima hora : numerus iste legem significat quia in 10. praeceptis data est lex , in cap. 1. Evang. Joh. Tract . 7. To. 10. Serm. 15. de verb. Domini in Evang. Mat. Ser. 15. Tom. 10. as Philo Judaeus discourseth it . And so also doth Saint Augustine expound it , and therefore thinketh that by the 10. horns in Daniel is meant the whole succession of Kings in the Roman Empire .

The same Father yet further saith , that the number of 10. signifieth the Law of God , Quia in decem praeceptis lex data est . And in another place , Denarius legem ( significat ) undonarius peccatum : quia transgressio est denarii 1. The number of 10. signifieth the Law , and for that the number of 11. exceedeth it , the number of 11. signifieth sin . Therefore because God hateth sin , and hath made the number of 10. to be as it were the number of perfection , and righteousnesse , ( for so likewise doth Saint Augustine tearm it ) when he requires the number of 10. of us , it puts us in mind , that he requireth also the fulfilling of his Laws , and the keeping of his Commandements .

That God accepted the tithe , or tenth , as , and for the whole of that whereof it is yeelded , is apparent by Gods own exposition , for when he had reserved it to himself , as his rent out of the Land of Canaan , given by him to the children of Israel , and assigned that rent over to the Levites for their maintenance , yet out of that assignment , he reserved also a tithe , or tenth part , to be laid up in the chambers of the treasure house , to be offered to himself , as it were thereby to hold his possession , and to keep seisin of his inheritance , which in the 18. of Num. 20. is called an heave-offering : and this very heave-offering , which was as I say , but the tenth part of the tenth , that is , the 100. part of the whole , was accepted and taken by God , as the full seisin and satisfaction for the whole ; therefore he biddeth Moses say to the Levites , Numb . 18.27 . — Your heave-offering shall be reckoned unto you as the corn of the barn , or as the abundance of the wine-presse : that is , the tithe that you are to give , though it be the hundreth part , yet I will accept of it , as if it were all the corn of your barn , and of your fields , and as the whole profits , even as the abundance of your Vineyards . In like manner also doth he accept the fat of such offerings , in the 29. v. to shew unto us , that since all is his , he will have perpetuall seisin of the whole , and will not be disinherited of the least part .

Doubtlesse he is well pleased with this tenth part , for when he threatned the destruction of the Land by Isaiah , he concludeth , yet there shall be a tenth part remaining as to replenish it again , and as holy seed , Isa. 6.13 . he will save his own part . We have received all things of the fulnesse of God , therefore out of our fulnesse it is fit that we render something back unto him , not by way of reward , but in honour of him . This number is also said to be the number of fulnesse , and to signifie the greatest things , wherein as numbers have their secreta and latebras , Tom. 10. fol. 15. to use Saint Augustines words , so hath this number above all other a peculiar secret and blessing given unto it , as if God had marked it for himself ; for as God in Hezekiah's time , 2 Chro. 31.10 . blessed the offerings and tithes in abundance , so it seemeth the word abundance , ( plenitudinem ) Exod. 22.29 . is used for the tithe and first-fruits : and it hath of old been observed that in naturall things , the tenth is usually the fullest and the greatest : the tenth floud , and the tenth egge . Festus , and many other Authors doe affirm it : Lib. 4. and to that purpose Ovid saith , Vastiùs insurgens decimae ruit impetus undae , i. e. The whole force of the tenth floud , wave , or billow , rising up more hugely then all the rest , rushed into the the ship . And Valer. Flaccus tearmeth it , — Decimae tumor coeduus undae , the high swelling of the tenth wave : so likewise is it noted by Silius Ital. Lucan , Seneca . Lib. 14. Pharsal . 5. In Agamem .

And this observation amongst the Ancients hath been so notorious and remarkable , that they commonly used the word tenth in Latine , decimus , decumanus & decimanus , to expresse the greatest things ; therefore in the division of their fields , they called the greatest extent , decumanum limitem ; the greatest or chief gate in their Camp , decumanam portam ; the greatest shields , decumana scuta ; and so likewise , decumanos fluctus , and decumanaova , decumanū acipenserem : Cic. in Verrem . & upon the like reason they used the word decimare , & exdecimare , for to choose and cull out the choice and principall things , as Perrot reporteth . And because in the procreation of men , and many other living creatures , the number of 10. is most happy and effectuall , as the tenth month in some , and the tenth week in others ; the Romanes admired the secret vertues of this number so superstitiously , as they canonized it among their gods by the name of Decuma , as you may read in Tertullian , Gellius , and many other . And for this cause Romulus closed up the year in the compasse of ten months , as the time of fulnesse and perfection .

I will prosecute the mysteries of this number no further , but conclude with Philo Judaeus , Satis amplum ex se ad librum conficiendum praebet argumentum . Phil. de 10. praecep . that he that should run into the Mathematicall powers and observations thereof , hath work enough for a large Volume .

De ratione decimarum , & denario numero , pluribus git Philo lib. de congress . quaer . ernd . gratia .

X Exprimit antiquis haec Christum litterae scriptis : Exprimit & partem quam petit ille sacram . Ergo citus , Christi quae sunt , dato munera Christo . Caesaris accipiat Caesar : uterque suum . This X of old exprest Christs holy name , And eke the sacred Tenth which he doth claime . Give then to Christ , what 's Christs , without delay . Give Caesar , Caesar's due , and both their pay .

CAP. XV.

Who shall pay Tithe .

THe Laws and Commandements of God , are commonly given in the second person singular ; as , thou shalt love the Lord thy God ; thou shalt not steal . And so here , thou shalt not keep back thine abundance , that is , thy first-fruits and tithes ; and , thou shalt give the tithe of all thy encrease , &c. a Pronoun of particularity , ( thou ) for the Adjectives of universality , Nullus & omnis ; as if he should say , Quia omnia Dei sunt , per quae vivit , sive terra , sive flumina , sive semina , vel omnia quae sub calo sunt , aut super ●●los . De rectitud . Cath. convers. Tract . Tom. 4. None or no man shall keep back his abundance : And all men shall give the tithe of all the encrease . For it is an axiome in Logick , that , Indefinitum aequipollet universali , Indefinite propositions are equivalent with universall : And so every man must pay tithe ; Every man , saith Saint Augustine , Quia omnia Dei sunt , per quae vivit , &c. because all things whereby he liveth are Gods , whether it be the Earth , or Rivers , or Seas , or all the things that are under , or above the heavens . Abraham and Jacob paid tithes , and therein bound all whosoever bee of their posterity to doe it . Even Levi himself , who after received tithes of his brethren , was bound thereby , and paid them in the loins of Abraham , ( as it is said in the 7. Heb. ) 400. years before he was born , and we also as Abrahams children . For if the Levites themselves , that ( as the mean Lord , to use the Lawyers tearm ) received tithes of their brethren , were not freed from paying them over to the Lord Paramount , God Almighty , how much more are all wee bound of what sort and condition soever to pay them likewise ? But some happily will ask , if the Levites paid tithes ? yea , they did pay the tenth part of their living to God , as well as their brethren , as before wee have touched it in speaking of the heave-offering , and as it is manifest in the 18. of Numbers , v. 26. Speak unto the Levites ( saith God to Moses ) and say unto them , when ye shall take of the children of Israel the tithes which I have given you , of them , for your inheritance , then shall you take ( elevationem ) an heave-offering of the same for the Lord , even the tenth part of the tithe : which in the next verse save one , they are commanded to deliver to Aaron , Gods generall Vicar in spirituall function . And in the 10. of Nehem. it is further said , The Priest the sonne of Aaron shall bee with the Levites , when the Levites take tithes , and the Levites shall bring up the tenth part of the tithes unto the house of our God , unto the chambers of the treasure house . So then the Levites themselves paid tithes , and by their example the Clergy of our time must doe it likewise ; but the question will be then , to whom ? First , let us see what became of these tithes Paramount , thus laid up in the treasury . We must understand that the Treasury of the Temple was not particularly for that purpose , but for the guests and offerings also whatsoever dedicated and given to God : and I find that of this Treasury there were 3. sorts : Mesack , where the munificent gifts of Kings and Princes were laid up : Corban , where those of the Priests : and Gazophylacium , whereinto the people and all passengers brought their offerings , and into which the poor widow , as it seemeth , cast her two mites . I find not any particular limitation of these Treasuries , but the common end of them all was to be employed upon things necessary for the house and service of God , and for relief of the poor , and of orphans , Antiq. Iud. l. 4. ca. 3. widows , and strangers . Josephus expoundeth Corban , for the very gift it self offered by them that dedicated themselves to God , as the Nazaraei , and sheweth that the Priests disposed it to the needy . And to these ends must our Clergy give and pay over their owne Tithes unto God , first , in repairing and maintaining the house and service of God , as 2 Kings 12.4 . then in alms and charitable devotion to the poor : for the poor are Gods Publicans , and by him appointed to gather and collect this rent or custome due to him , and to carry it into his Treasury of heaven , as the Porters thereof , there to be laid up for our use and benefit in the world to come . De rectitud . Cath. Convers. Tom. 9. Decimā Deo in pauperibus vel in ecclesiis donet , saith S. Augustine . Let him give it to God either in bestowing it upon the poor , or in the Churches . Though Christ be ascended into heaven in his person , he is still upon earth by his Proctors and Substitutes , the poor and needy ; and therefore a Father ( Jerome I take it ) answereth Mary when she complained , that they had taken away the Lord ; Sustulerunt dominum , at non servum . Oh , saith he , but they have not taken away his servants , meaning the poor and needy , on whom shee might abundantly expresse her charity . As the Law of God enjoyned the Levite to pay tithe to the high Priest : so also the old Law of the Land bindeth our Bishops themselves to pay Tithes , yea , the King himself . I command my Sheriffes ( saith Ethelstane ) through my Kingdome in the name of the Lord , and of all the Saints , and upon my love , that they presently pay my own Tithes to the uttermost , both of living things , and of the fruits of the earth ; and that the Bishops doe the same of their own goods , and also my Aldermen and Sheriffes .

Tom. 1. Concil. Britan. pag. 402.

And the very glebe Land of the Parson himself , if it be letten to another , must pay tithe , as was adjudged in the Kings Bench this Term Sancti Hillarii . Quaere .

CAP. XVI .

Out of what things Tithe is to be paid .

IT is recorded in Genesis , Gen. 14.20 . Heb. 7. that Abraham before his name was changed , Gave him tithe of all . And Jacob in the 28. ca. saith : Of all that thou shalt give me will I give the tenth unto thee . V. 30. In the 27. Lev. All the tithe of the Land of the seed of the ground , & the fruits of the trees is the Lords , it is holy unto the Lord : and in the 14. Deut. 22. Thou shalt give the tithe of all the encrease of thy seed that cometh forth of thy field year by year : that we should bring the tithes of our Land unto the Levites , that the Levites might have the tithes ( in all the Cities ) of our travell or labour . So in the 2 Chro. 31.5 . they brought the tithes of all things abundantly ; & v. 6. they brought the tithes of bullocks , and sheep , and the holy tithes , which were consecrated unto the Lord their God , i. by a vow .

In these general precepts there needeth no particular enumeratiō of what should be paid , they run upon the word All ; & without exception , all whatsoever the ground yeeldeth either by industry , or naturally , corn , wine , oyl , the fruits & increase of every thing , whether living or vegelative . And more then so , for even those things that are gotten by labour and travell ; for therein we have our part of his mercy and blessing , as well as in his other gifts & bounty . Nehem. 10.37 . And the words in Nehe. [ in all the Cities ] seem to extend to the handy-crafts-men , for Citizens commonly occupy not fields , or husbandry , which is rather proper unto the Villages & Country people : So that if Citizens should not yeeld the tithe of their travel , most of them should yeeld nothing at al , and no man must appear before the Lord empty , Deut. 16.16 . Exod. 23.15 . for he hath shewed mercy upon all , and he will have some acknowledgement from all . This upholdeth the custome of many places of England , where the very servants pay a tithe out of their wages , some deduction being made for apparell : and by like reason I think , that those that have Annuities and fees , as Officers and such like , ought to yeeld a tithe thereof ; for out of those the King hath his Subsidies and tenths , and by like , yea better reason should God have his portion : Of all that thou shalt give me , saith Jacob , will I give the tenth unto thee ; and in the Gospel , the Pharisee , though braggingly , yet according to the use of the righteous of that time , saith , I give tithe of all that I possesse ; as it seemeth , even of his goods , and dead commodities , as of the fruits of the earth . For I suppose that the Ancients paid tithes in two sorts , some ex praecepto , others , ex arbitrio , or placito ; some by commandement of the Law , The tenth of bullocks and sheep , and all that goeth under the rod commanded , Lev. 32. others out of their free-will and benevolence . In the 31. of the 2 Chron. v. 6. it is said , They brought the tithes Boum & pecudum , of oxen and sheep , things tithed before whilest they were young , as I conceive , and not now again to bee tithed , when they were grown to their full ages . So in the 10. of Nehe. 37. they brought first-fruits of their dough , yet no doubt , their dough was tithed before in the corn it was made of : therefore I take these tithes to be tithes ad placitum , in the election of the party , whether he will give them or not ; but if he doe allot them to God , he is tyed like Ananias and Sapphira to perform them faithfully , for they then become due ex praecepto ; for he that voweth unto the Lord , is commanded not to break his promise , Numb . 30.3 . And these kind of tithes no doubt were often paid by the godly , sometime upon generall occasion , as that of Hezekiah , sometime of particular , as that pretended by the Pharisee .

Military spoil , and the prey gotten in war is also tithable , for Abraham tithed it to Melchisedek , and thereof , if we may depart a little out of the circle of holy Scripture into the Histories of the Gentiles , ( who even by instinct of nature found this duty to belong unto God ) we abound with examples thereof : Herodot . Clio. lib. 1. f. 36. Livy li. 5. Pliny l. 12. c. 24 as paid by Cyrus at the taking of Sardis ; by Furius Camillus , upon the overthrow of the Veians ; by Alexander the great , upon his conquest of Arabia , when he sent a whole ship laden with frankincense for the Altars of his gods . But occasion to speak of these shall serve me better afterward , and therefore to return to that is more materiall . The example of Abraham in this point of tithing the prey , teacheth us also , that we give God a tithe out of every accession of wealth , that he sendeth to us in any course whatsoever : so that the gains of buying and selling , and the great improvement arising by merchandise , is under this title both registred and commanded . I know not what the rich City of London doth in this kind , Melpom. l. 4. f. 267. but I read in Herodotus , that the poor Samians yeelded at one time sixe talents to that purpose , and that the Siphnians out of their silver and gold Mines sent so great a tithe to Delphos , Thalia l. 3. f. 180. as the richest man of that age was not more worth .

St Augustine saith , Vnusquisque de quali ingenio aut artificio vivit de ipso decimam Deo in pauperibus vel in ecclesiis donet . Let every man out of the trade or craft whatsoever heliveth by , give God the Tithe .

De rectitud . Cathol. conversat . Tractat. Tom. 9 f. 250.

CAP. XVII .

That things offered to God be holy .

I Must first explain what I mean by holy , and that is , not that they are divine things , or like those of the Sanctuary , which none might touch save the anointed Priests . But like the lands and possessions of the Levites mentioned in Leviticus , — that were said to be holy and separate from common use , and separate from man , Levit. 27.28 , 29. that is , from the injury of secular persons , and to be onely disposed to and for the service and servants of God , defensum & munitum ab injuria hominum , N. F. de rer. divis . L. sanctum , as the persons of Emperors and Kings are said to be holy and sacred : for as the Altar sanctifieth the offering , Mat. 23.19 . so these things being offered to God , are by this very act of oblation made holy , and taken so into his own tuition , as they may not after be divorced . Wo be therfore to the Scribes and Pharisees that devour widows houses , Mat. 23.14 . how much more wo then unto those that destroy the house of God , and by divorcing Christ from his Spouse the Church , make him also a widower , and his Church a widow , and so devour both the widows house , and the widow her self .

But some are of opinion , that the Church it selfe is no longer holy , then while the service of God is in hand therein : as the Mount and the Bush were no longer holy then while God was there : and by that reason a Church and an Ale-house are of like sanctity , for a man may preach in an Ale-house , and minister the Sacraments in an Ale-house , and occasion sometimes doth necessarily require it : And what is their reason hereof ? why , their reason is , that consectation of places , and of the implements belonging to the service of God were Leviticall ceremonies , and therefore ended with the Leviticall Law . These men reason , as if before the Leviticall Law there had been no rules of Gods honour : and as though the Morall Law , and the Law of nature taught us nothing therein : Doth not God himself leave the precepts of the Leviticall Law , and reason with the Israelites out of the Law of nature , Mal. 3. when he saith , will any man spoil his goddesse ? as if he should say , that the Law of nature hath sanctified those things that are offered unto God , and therefore will any man violate the Law of nature ? Doth not Saint Paul reason also in the same sort , when he saith , Despise ye the Church of God ? 1 Cor. 11.22 . If I should apply the places of Scripture that are spoken of the great reverence of the Temple , it would be said , that that were Leviticall : but the office of the Temple was Morall , as well as Leviticall , and therefore though these be ended , yet the other , the Morall remaineth .

When Christ had cast the oxen & doves that were for the Leviticall service out of the Temple , yet he said , that it was an house of Prayer , as figurating that after the ceremonies were ended and gone , yet the Morall office of the Temple to be an house of Prayer still remained . Saint Paul , 1 Cor. 11.22 . when he saith , Despise yee the Church of God ? speaking it as if he wondred that any should be so irreligious , or rather sacrilegious to despise the Church ; and no man I think doubteth but that this was spoken of the materiall Church , for he blameth them that did use unseemly drinking in the Church .

See the first Treatise , Note . of the rights and respect due . § 10. Of the three severall places , and three functions of the Temple : and how the last continueth holy , for Prayer , Doctrine , and instruction of the people : which therefore had in it no Ceremoniall implement at all .

CAP. XVIII .

Tithes must not be contemned because they were used by the Church of Rome .

IF we should reject Tithes because they were used by the Church of Rome , by the same reason we must also reject our Churches ; but the Apostles used both the Synagogues and the Temple it self after Christs Ascension , though they were polluted with the doctrine and ceremonies of the Jews ; and therefore we are not to reject Tithes and other things profitable to Gods service , because the Papists used or misused them . The Censors ordained for Gods honour were impiously abused by Corah , Dathan , and Abiram , yet God rejected them not , but commanded them to be still employed in some better course of his service , namely , in making plates for the Altar , Numb . 16.38 .

And by this Scripture doth Hugo and Origen reprove them that judge the works of an heretique to be burned without preserving the good things in them : and the Altar to be pulled down wherear a Schismatique hath ministred . Hugo in Genes . 16. fol. 136. a. and Origen in Homil. 9. sup. Num. fol. 104.

God refused not the burnt-offering of Gedeon , though he made it with the idolatrous wood of Baals grove , yea , himself commanded it so , Judg. 6.26 . and in the Gospel the offerings of the proud Pharisees were as well received into the Treasury of the Temple as the mite of the poor widow . When Jericho was destroyed and accursed , yet God required the gold and silver for his holy utensils , Jos. 6.19 . For though filthy gains are forbidden to be offered unto God , yet good things because they have been abused , are not forbidden to be offered unto him . When the pottage provided for sustenance of the children of the Prophets was infected by him that threw in the wilde gourdes , or colloquintida , Elisha the Prophet commanded them not to be cast away , but cleansing them from their infectious venome used them still for food of the children , 2 Kings 4.38 . So if the pottage of the Ministers have been abused with Roman Colloquintida , purge the infection , but take not their pottage ( I mean their Tithes ) from them .

Aristophanes bringeth in Heroules laughing to see effeminate Baccbus clad in the Lions skin : In Ranis . but we may well lament to see a spruce Castilio , and his masking mistresse trickt and trimmed up with those Church-livings that godly and grave men in times past gave for maintenance of Gods service , and the Ministers thereof .

I can but wonder , what should move Flacius Illyricus ( a man so conversant in the history of the Church ) to affirm , Decimas nupeius extortas per papas . Catal. test . ter primo impositas in Concil. per Pelagium Papam Anno 588. that Tithes were lately extorted by the Popes ; and that they were first imposed by Pope Pelagius in the Councell , Anno 588. unlesse his meaning be , that in elder times they were paid at pleasure , and now first commanded to be paid of duty : which construction ( though contrary to the understanding of a common Reader ) if we doe allow him , yet is it untrue also ; for that Councell reciteth that they had been paid before of long time , and that by the whole multitude of Christians , and as due by the Word of God , and consequently not at pleasure . ( Concil. Matisconense . 2. c. 5. Anno 588. Tom. 2. ) So that this Councell did but revive and quicken the cold devotion of that time , and not inferre new matters unheard of before .

CAP. XIX .

That the Tradition of ancient Fathers and Councels is not lightly to be regarded .

IT appeareth by divers ancient Fathers and Councels , that Tithes were paid long before their times in the Primitive Church , and were unto the age of the Apostles , though little memory thereof remaineth in the Authors of those times . And shall we not beleeve the Fathers received such instruction from their elders ? Doth not God bid us ask after the days of old , and the years of so many generations , saying , Ask thy father , and he will shew thee ; thine elders , and they will tell thee ? Deut. 32.7 . If we shall not beleeve them , why should we ask them ? and why did the children of Israel complain , that their Fathers heard not the words of the book of the Law , 2 Kings 22.13 . but because they therefore could not report it to them their children ?

Shall we think nothing to be done , but what is written ? doth not the Evangelist tell us , that if all were written that Christ did , he supposed the world could not contain the books , Joh. 21.25 ? are not many actions of elder time alledged in latter Scriptures , and yet no testimony of them in the former ? it is said , 1 Chro. 26.18 . that Samuel , Abner , and Joab , dedicated many things unto God , yet their story reporteth no such matter . Solomon is noted , 1 Chron. 10. to have kept a famous Passeover : yet is there not a word of it in the history of his time . Fasting was brought into the Church before Christ , and the use also of building of Synagogues , but it appeareth not when , or how . Paul alledgeth , that our Saviour said , It is better to give , then to take , Act. 20.35 . yet no Evangelist doth mention it . Jude saith , v. 9. that Michael and the Devil strove for the body of Moses , yet the Old Testament noteth no such thing ; how then came they by these instructions ? Surely by books that are perished , or by inspiration , or by relation of others : and doubtlesse the ancient Fathers came to the knowledge of many things by all these ways . First , by books that be perished , for it is manifest by Eusebius , Jerome , Gennadius , and others , that the ancient Fathers saw many thousands , which are not now extant . If by inspiration , the holy Ghost , that was sent down upon the Apostles , and passed from one to another , returned not by and by to heaven , but remained actually amongst the Fathers of the Primitive Church ; and therefore what they generally taught is carefully to be kept . But if they received these things by Tradition , the very Tradition of those first ages of the Church are much to be received ; for all that time , no doubt , infinite speeches and actions of Christ and the Apostles ( whereof many were collected by Ignatius and Papias , as Jerome reporteth , but now lost ) were then fresh in the mouths of every man , as not onely the Fathers of that time doe abundantly testifie , but our own experience also induceth us to conceive ; for doe not we our selves hear and beleeve many things to be done in the time of King Hen. 8. that never yet were written , nor like to be ?

CAP. XX.

Ancient Councels and Canons for payment of Tithes .

THe Canons attributed to the Apostles , come first in rank to be mentioned , yet I will not insist upon them . Neither doth Bellarmine ( as they are now published ) maintain them to be the children of those Fathers . Yet can it not be denyed that the first 35. of them are very ancient and neer the time of the Apostles ; for Dionysius Exigu . that lived within 400. yeares of the Apostles , translated them out of Greek as received long before in the Eastern Church .

The fifth of those Canons ordaineth , that all other fruit should be sent as first-fruit ( and tithe ) home to the house of the Bishop and Priests , and not to be offered upon the Altar ; adding further , that it was manifest that the Bishops and Priests did divide it to the Deacons , and the rest of the Clerks . And though the Greek copy in this place , calleth not these fruits 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Tithes , yet the Canon seemeth to bee meant thereof , for other fruit none was to be carried to the house of the Bishop , or to bee divided amongst the Priests , and the Deacons , save offerings , tithes , and first-fruits ; therefore the old Translation of the Canons out of Zonaras , expresseth it tithe and first-fruits . And this fashion here received of sending these things to the house of the Bishop , and his dividing of them among the Priests and Deacons , sheweth the great antiquity of this Canon ; for it appeareth , that the first usage was so , and that the Ministers had menstruam sportulam , every month a basket of the offerings and tithes for their maintenance , whereupon they were called Clerici sportulantes , i. basket Clerks .

Vid. Cyprian . Epist . 34. & 66. Baron . anno Ch. 57. Num. 72. & 145. & anno 58. Num. 89. And the people then offered accustomably to the Altar , and for the maintenance of the Priests .

Concilium Agrippinenese , cap. 6. Anno 356. first decreeth , that Tithes shall be called Dei Census , Gods rent : and reciting that the third part thereof , as was declared in the Toletan Councell , belonged to the Bishops , yet according to the Roman use , they agreed to take but every year the fourth part , which upon excommunication they commanded to be paid . Burchand . lib. 3. ca. 135.

Concil. Romanum 4. sub Damaso , Damas . pa. patrim . adiit , 367. about the year 375. amongst the Decrees thereof it is ordained , ut decimae atque primitiae à fidelibus darentur , qui detrectant anathemate feriantur ; that tithes and first fruits should be paid by the faithful .

Concil. Aurelianense 1. sub Symmacho , An. 507. Can. 17. decreeth , that the Bishops shal have every year the fourth part , or every fourth year the whole tithe , Tom. 2. Con.

Concilium Tarraconense sub Hormisda , An. 517. Can. 8. juxta Burchandum , 9. juxta Bin. saith , that it was an Order , antiquae consuetudinis , that the Bishop should have the third part of all things yeerly , and therefore willed it still to be kept . Burchard lib. 3. Ca. 33. Bin. Tom. 2. Conc.

Concilium Mediomatricis , Anno willeth the Bishops to reprove ( prohibeant ) them that would not pay Tithe without some reward be given them . Bur. l. 3. C. 134.

Concilium Toletanum , Anno 533. divideth all Church rights into two sorts of oblations , one to be those that are offered ( i. e. given ) to the Parish Churches , as Lands , Vineyards , bond-men , &c. and willeth that these should be wholly in the ordering of the Bishops . The other to be those of the Altar , whereof it commanded the third part to be carried to the Bishop , and two parts to be for the Clerks . And of Tithes it saith , that according to some , the third part yearly , or every third year the whole was so paid . But that they following the manner of the Roman Church , decreed , that the Bishops should have every year the fourth part , or every fourth year the whole tithe . Burchard lib. 3. C. 136. & Bin. paulo aliter Tom. 1.

In a collection of Canons of an uncertain Author , in the Vatican Library , this is attributed to Sylvester , who was Bishop of Rome 315. Binnius in a note upon this Canon somewhat differeth in words .

Concilium Matisconense 2. sub Pelagio 2. Anno 588. affirmeth Tithes to be due by the Laws of God ; Hoc . confirm . Con. Hispalens . Tom. 2. Et approbat . per Gualter . & Hospinian . de origin . honorum ecclesiae , ca. 3. p. 123. that the whole multitude of Christians kept those Laws very warily of long time , that by little and little they were in those days almost wholly neglected . And this Councell decreeth , that the ancient usage of the faithfull should bee revived , and that all the people should bring in their Tithes to them that ministred the ceremonies of the Church , &c. otherwise to bee excommunicated . Tom. 2. Con.

Concilium Hispalense sub Gregorio 1. Anno 590. concludeth thus : That if any mantithe not all these things ( viz. before named ) he is a spoiler of God , a thief , and a robber , and the cursings that God put upon Cain for his deceitfull dividing , are cast likewise upon him . Ivo . p. 2. & 174. Tom. 2. Concil.

Concil. Valentinum sub Leone 4. Anno 858. ca. 10. That all faithfull men should with all readinesse offer their ninths , and tithes to God of all that they possesse , &c. upon perill of excommunication . Tom. 3. Con.

Concil. Rothoma . cap. 3. nameth particularly what ought to be tithed , and commandeth to doe it upon pain of excommunication . Burchard li. 3. ca. 130. and annexeth the Councell , Mogunt . ca. 38.

Concil. Cavallon . ca. 18. Anno 813. That Bishops , Abbots , and religious persons should pay them to Churches out of their possessions , and families where they baptized and received . Burch . lib. 3. ca. 132.

And Concil. Cavallon . c. 1. decreeth , that all Churches with their whole livings and tithes should bee wholly in the power of the Bishops , and to be ordered and disposed by him : Burchard lib. 3. ca. 146.

Concil. Moguntin . 1. ca. 8. recited by Burchard , who lived about 6●0 . years since , saith , that Abraham by his action , and Jacob by his promise declared unto us , that tithe was to be given to God ; The Law hath since confirmed it , and all the holy Doctor are mindfull of it , &c. Hereof the venerable Doctor Saint Augustine saith , Tithes are required as a debt : What if God should say ( quoth he ) thy self a man art mine , and so forth as followeth in that Sermon of his that hereafter we exhibit . The Councell proceedeth further , shewing reasons why Tithes should be paid . That if the Jews were so carefull inexecuting this commandement , as they would not omit it in the least things , mint , and rue , &c. as our Saviour testifieth ; how much more ought the people of the Gospel to perform it , that hath a greater number of Priests , and a more sincere manner of Sacraments ? They are therefore to be given unto God , that being better pleased with this devotion , he may give more liberally the things we have need of . That this kind of maintenance is fittest for the Clergy , that they otherwise be not troubled with worldly businesse , but may attend their calling .

That the daily offerings of the people , and that Tithes are to be divided into four parts , according to the Canons ; The first to the Bishop , another to the Minister or Priest , ( Clericorum ) the third to the poor , the fourth to repairing of Churches . Burchard li. 3. c. 133.

Concil. Moguntin . 1. cap. 10. tempore Appae 4. & 4. Lothar . Imp. Anno 847. sub Rabano Archiepiscopo qui scribit Ludovice . This Councell admonisheth men to pay their Tithe carefully , because God himself appointed it to be paid to himself . And that it is to be feared , that if any man take Gods right from him , God for his sins will take things necessary from him also . Tom. 3. Conc.

Roman . Concil . 5. Anno 1078. Tom. 3. saith , that Lay-men upon pain of sacriledge , excommunication , and damnation , 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 .

WE 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 .

WHen I said by the Law of Nature , my meaning is not to tie my 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 atque ordinis participem , Denat . Deo . l. 2. 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 , Quis scribit in cordibus hominum naturalem legem nisi Deus ? Aug. de serm. Domini in monte l. 2. as Isidor faith , ( not by any legall constitution ) teaching and instructing all Nations through the whole world to discern 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 grace to 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 ? Instit. l. 1. C. 3. 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 , Calv. Iast . l. 1. c. 4. 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 it . As soon as Christ was born , the wise men that came afar off out of the East , brought offerings unto him , as directed onely by the law of nature , for they were Gentiles : and none used to visit the Temple of God but with some presents ; not that God is delighted with such things , but that their affections by the fruits of their devotion were made manifest , It seemeth this law of nature is tearmed by Moses the Law of God , for he saith , I declare the Ordinances of God , and his Laws , Exod. 18.16 . when as yet the Law was not given : and before , ca. 15.26 . If Israel will hearken to his Commandements and keep his Ordinances , c. 19.5 . the Church and service of God maintained , and those that were in need and necessity , orphanes , widows , strangers , and the poor people provided for and relieved ; for these are Gods care , and are to him as the dearest kinde of his children , and though younger brothers as touching the worldly inheritance , yet those on whom he thinketh the fat Calf well bestowed . Donum ( saith Lactantius ) est integritas animi : the gifts we give unto God are a testimony of our frank and open heart towards him . An offering of a free heart ( saith David ) will I give unto thee : out of his abundance we have received all things , and out of ours let us render some .

CAP. XXIII .

Tithes in the time of Nature : first considered in the time of Paradise .

I Would not be so curious as to seek the institution of tithes in Paradise : yet no man will deny but that Paradise was a modell of the Church , and that God had his honourary rights in all the three kindes , he now requireth them at our hands , namely , a portion of time , place , and of the fruits ; of the fruits , as the tree of knowledge ; of the place , as the midst of the Garden ; the time , as the cool of the day , which signifieth the time of rest , and so the Lords day : as more particularly wee shall shew by and by . Touching the fruit , it was the portion that God reserved from Adam when he gave him all the rest ; and that portion also that justly and properly belongeth to God , knowledge . And therefore this part particularly was assigned by God unto his Priests , as the sacred keepers of this his sacred Treasure , and therefore no other man might invade this his right and inheritance , Knowledge ( saith Malachi ) belongeth to the Priest . Touching place , what should be assigned to the chiefest , but the chiefest ? and what is the best and chiefest , but the midst ? for medium — and therefore the place here where Gods portion is assigned him , is the midst of the Garden ; and therefore into this place doth Adam flye as into Sanctuary , and to the horns of the Altar , when he had offended , for it is said , that Adam hid himself in the midst of the Garden : So Calvin , which is , the trees in the midst of the Garden .

And touching the time , it is by all expositors upon the matter , applied to the time of rest : for either they expound the cool of the day to be the evening , as Oncalus , or the morning , as Calvin ; and take it in either of these senses , it may aptly discover the Judaicall Sabbath in the first sense , or the Christians Sabbath in the latter . And as these are the times when we are to make our publick reckonings , confessions , and prayers unto God , and thereupon to receive sentence of curse or absolution : so at this time , presently God calleth Adam and Eve , and the Serpent , that is , the whole congregation of Paradise to a publique reckoning , confession , and account ; and like the great Ordinary and Bishop of his Church , denounceth against them the curse that their sins had demerited .

If occasion required , I could shew many other particulars wherein Paradise exemplified the very Church of Christ .

Again , these rights of honour are likewise prefigured unto us in other examples , under the age of Nature , the time I mean before the floud : for we have therein three great examples of all these his three rights . First , in the creation of the earth he reserved a particular place for himself as the place of his own resort and pleasure , Paradise ; which was the very locall place of his Church , and therefore out thereof he threw man , being accursed as a prophane and excommunicate person . And as touching his portion of time , he figuratively shewed the seventh part of our age to belong unto him , as in respect of his Sabbath , when he took Enoch , being the seventh from Adam , to keep his perpetuall Sabbath .

And so likewise all the fruits of the tenth age , which was that of Noah ( for he was the tenth from Adam ) he took wholly to himself : making the evill parts as a sacrifice of his wrath , to honour him by their destruction , and the better parts , which were saved in the Ark of his Church , to glorifie his name by their preservation : so that in this time of nature , the full tenth of all things was paid unto God as a propitiatory sacrifice , for of the ten ages from Adam hee had the fruits of one whole age , which is all one as if he had had the tenth part of every particular thing as it grew due in every particular age , and so the Church expoundeth in that Canon of the Councell of _____ where it is commanded that the —

CAP. XXIV .

The time of Nature , after the fall .

LEt us take a view of the state of Religion before the Law , and from thence unto the calling of the Levites to the service of the Tabernacle . The time before the Law was the kingdome of sin and of death , having no means propounded whereby to escape , but what the light and law of nature taught unto men , who finding themselves fallen from the favour devised by invocation and beating of the heavens , with continuall odours and savours to seek for mercy at Gods hand , and by sacrificing of bullocks and brute beasts to ransome themselves as far as they might from his heavy displeasure . Therefore in those times though every man might offer oblations and sacrifices that would , yet because the order thereof might bee the more certain and reverent , both the children of God , and the Heathen also , ordained to themselves particular persons of greatest worth , wisdome , and sanctity , which they called their Priests to take care of these things , to see them performed in such manner as might make them most acceptable to God . Hereby grew the reputation of Priesthood to be above all dignities , that in those days the Kings themselves in all Nations affected it as the greatest and immediate honour under God himself . Yet because necessity required so great a number of Priests for the service of God , as there could not be had Kings enough for that purpose , therefore other inferiour persons were also called to that excellent function ; yet such as in one respect or other were still the noblest that were to be found . Therefore even in that time ( I mean before the Law was given ) God promiseth the Israelites that if they will hear his voice indeed , and keep his covenant , they shall not only be his chiefest treasure upon earth , but they shall be unto him also a kingdome of Priests , Exod. 29.5 , & 6.

Of these kingly Priests , two are mentioned in Scripture before the Law ; Melchisedek Priest and King of Salem , and Revel or Jethro , Prince and Priest of Midian . Exod. 16. & 〈◊〉 Of other Priests it appeareth in Exod. 19.22 . & 24. that there were many . Let the Priests ( saith God ) that come to the Lord be sanctified ; and again , Let not the Priests break their bounds , &c.

Touching these Priests we finde no mention either how they were called to their function , or how they were maintained in it ; neither of them that executed that place after the Law was given till the calling of the Levites , which though it were a short time , as not above a year and some months , yet must they have some maintenance and means to live on even during that time . The Priests of Aegypt had not onely lands for their maintenance , but they also had a certain part appointed them by Pharaoh to live upon ; and though it appeareth not by the Scripture what this part was , yet it is plain , that it was such , and so bountifull , as when all the other Egyptians sold their land to Joseph for Pharaoh to save their lives in the famine , they lived upon this part and kept their lands .

The children of God ( no doubt ) came not behinde the Heathen in devotion , and consequently not in their bounty to their Priests ; therefore though we have no authority to demonstrate unto us the particular means wherein they were provided for , before the Law , yet we may very probably conceive it to be much after the manner of the Heathen Priests of that time , for that the Priests and children of God being then scattered amongst the Heathen , as Melchisedek among the Canaanites , Jethro amongst the Midianites , could use no rites nor ceremonies in the worship of the true God , but the Heathen would have the same in the service of their gods : insomuch as nothing is mentioned in the Scripture concerning the same before the Leviticall Institutions , but it is particularly found among the Gentiles first , touching both their Priests and manner of sanctifying of them , as also touching their offerings , altars , and sacrifices , and the manner of feasting at the sacrifice of thanksgiving used by Jethro , Exod. 18.12 .

I infer therefore , that seeing the Heathen took their originall manner of holy rites from the children of God , that therefore what originall rites the Heathen had in their service of their religion , that the same were in use also among the children of God , though they be not mentioned in the Scripture : and consequently , that insomuch as the Heathen universally paid Tithes and first-fruits unto their Gods and Priests , that therefore the children of God did so likewise from the beginning to the true God . And to this agreeth Hugo Cardinalis , saying , It is thought that Adam taught his sons to offer first-fruits and tenths unto God : so that the children of God borrowed it not from the Heathen , or the Heathen from them , but both the one and the other from the law of nature ; for as Ambrose saith , God therefore by Moses followed not the fashion of the Gentiles : Non ergo Deus per Mosem Gentilium formam sequutus est ; sed ipsa naturalis ratio hoc habet , ut quis inde vivat ubi laborat , in Epist. 1 Cor. ca. 9. C. 41. Col. c.

And as the examples of Abraham and Jacob do plainly confirm it to be done by them , so doubtlesse was it also done by other of the Hebrews , even before the Leviticall Institutions , and even then holden and taken to be a duty belonging unto God , as plainly appeareth by Gods own mouth in 22. Exod. 29. when hee saith , and that before the Leviticall Institutions : Thine abundance and thy liquor shalt thou not keep back : which all Interpreters agree to be spoken of the Tithe and first-fruits of corn , oyl , and wine , and therefore Jerome doubted not so to translate it , viz. Thy tithes and first-fruits shalt thou not keep back : wherein the word keep back , non tardabis , is very materially to be considered , as evidently shewing , that it was a custome of old to pay these tithes unto the Lord , and therefore that he now required them not as a new thing , but as due unto him by an ancient usage . That the word non tardabis , thou shalt not keep back , or delay , implieth a thing formerly due , very reason telleth us , and the use of it in other parts of Scripture doth confirm it , for the very same word 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 is used in the same sense , Deut. 23.21 . When thou vowest a vow unto the Lord thy God , non tardabis , thou shalt not be slack to pay it , or shalt not keep it back : this is not a commandement to pay or give a new thing , but to pay that is already due , the thing vowed . In the same sense it is said , 2 Pet. 3.9 . non tardat Dominus promissa , the Lord is not slack in performing his promise , that is , not slacke , or holding that back which in his honour and justice he hath tied himself to pay or perform ; the blessing he promised , which by his promise is made a debt .

CAP. XXV .

That they are due by the Law of God .

IT is said in Genesis in the end of the 13. ca. and so on in the 14. and in the 7. to the Hebrews , That whilst Abraham dwelt at Hebron , in the Plain of Mamre , his brother Lot was carried away prisoner by the foure ( Assyrian , or Babylonian ) Kings , with all that he had , and that Abraham confederate with Mamre the Amorite and his brethren , Escol and Aner , armed his houshold , even the bond-men as well as free , 318. in all , and pursued them unto Dan , where hee smote them in the night , and recovered Lot and the prey : And that as he returned , Melchisedek King of Salem , Priest of the most high God , met him , and gave him bread and wine , and blessed him , In the Hebrew text it is indefinite which of them gave tithe ●o other ; therefore the Iews say Melchisedek gave it to Abraham , but the holy Ghost in the 7. to the Hebrews explaineth it , that Abraham gave them to Melchisedek . and prayed and praised God for him : and that Abraham did thereupon give him the tithe of all . This place of Scripture is very materiall for our purpose , as portraiting unto us the whole modell or plat-form of the Church now under the Gospel , even as if the one were measured out by the other , with a line , or rod , as Moses measured the Tabernacle , and as if God had said as he did unto Moses , See that thou make it in all things like the pattern I have shewed thee , Exod. 25.40 . the last . We will therefore stay a while upon it , and consider the action , the time , the place , the persons , and some other circumstances . The action , as having nothing in it belonging to the Leviticall Law , Codomannus saith in the year 293. some other count it above 370. and therefore a plain direction unto us how to demean our selves under the Gospel . The time , as performed before the Law was given , namely , about 300. years after the flood , both according to the rites 〈…〉 that time , and to be president for the time to come after the Law abolished . The places where this action was performed , Hebron , Dan , and Salem ; Hebron , a place in Judah where Abraham dwelt afterward , one of the Leviticall Cities , from whence Abraham departed , when he went into this expedition . Dan , the uttermost limit of the holy 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 , Melchised . Dei sacerdos , Solymorum quam civitatem post●a Hierosolymam vocarunt . Ios. Antiq. l. 1. c. 18. Hieron . in Ep. ad Euagr. et ●n loc. Heb. Lyra in Gen. 33. 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 , Joh. 3.23 . 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 . So that Melchisedek prefigurated the whole Priesthood of Christian Religion , and Abraham the whole Laity ; therefore Chrysostome saith , Considera quanta sit excellentia nostratis sacerdotii quandoquidem Abraham Patriarcha Iudaeorum progenitor Levitarum comperitur benedictionem accipere à Melchisedec . Orat. 4. advers. Iud. Sedita Paulus ipse . 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 Assyrians 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 Cities , 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 , Superbia vitae , Concupiscentia carnis , Hypocrisis , Avaritia vel concupiscentia aculorū . Hugo . 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 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Multo post futurum Domini sacramentum ante signavit , ac sacrificio panis & vini mysterium corporis & sanguinis expressit . p. To. 4.14 . c. 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 , Ministravitist● Melchisedek Abrahamo & exercitui xenia , & multam abundantiam rerum optimarum simul exhibuit , & super epulas eum collaudare coepit & benedicere Deum qui ei subdiderat inimicos . Jos. Antiquit. l. 1. c. 18. 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 , No fish , as though the curse extended not to the sea . 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 consecrate 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 memor ant Gange totoque oriente subacto Primitial magno supposuisse Jovi . Cinnama tu primus captivaque thura dedisti , Deque triumphate viscera tosta bove . Fastor . li. 3.

The next place of Scripture mentioning tithes is the 28. Gen. ver . the last . Jacob going upon his adventure , voweth , that if God will be with him in his journey , and give him meat and cloth , and so that he return safe , then ( saith he ) the Lord shall be my God , and this stone which I here set up as a pillar shall be Gods house , and of all that thou shalt give me , will I give the tenth unto thee . Liv. l. 1. Romulus made the like vow for building the Temple to Jupiter Feretrius upon Mount Palatine . Tatius and Tarquinius upon Tarpeius . William the Conquerour for Battail Abbey . But Hemmingius cannot say that Jacob did it by their example , for they lived too too long after him . I think rather that the law of nature and reason taught all Nations to render honour , thanks , and service unto God , and that the children of God being more illuminate in the true course thereof , then the Heathen by the light of reason could be , first began the precedent , and that then the Heathen dwelling round about them apprehended and dispersed it ; for the use of paying tithes even in those first ages of the world was generall , as hereafter shall appear . But Iacob doth not here bargain and condition with God , that if God will doe thus and thus , that then he shall be his God , and that he will build him an house , and pay him tithe , and otherwise not , but he alledgeth it as shewing by this means he shall bee the better enabled to perform those debts and duties that he oweth unto God , and will therefore doe it the more readily .

The actions and answers of the Sages are in all Laws a law to their posterity . Iustinian the Emperour doth therefore make them a part of the Civill Law . The common Lawyers doe so alledge them , and the Law of the holy Church hath always so received & allowed them . Non ideonobis proponi exempla justorum , ut ab eis justificemur ; sed ut eos imitantes , ab eorum justificatore nos quoque justificari sciamus . Aug. lib. de Catechisand . udibus . Tom. 4. f. 218. And though Saint Augustine saith , that the examples of the righteous are not set forth unto us , that thereby we should be justified ; yet he addeth further , that they are set forth to the end that we by imitating them may know our selves to be justified by him that justifieth them . Why then should we now call tithes in question , since we find them to be paid and confirmed by two such great Sages and Patriarchs , Abraham & Iacob ? Yea , their payment practised generally by all the Nations of the world for 3000. years at least , never abrogated by any Law , but confirmed also by all the Fathers and Doctors of the Church ; and not impugned by a single Author , as far as I can find during all the time I speak of ?

Well ; It will be said , that all this is nothing , if the Word of God commandeth it not ; for every thing must be weighed and valued by the shekel of the Sanctuary , Lev. 27.25 . They may by the same reason take away our Churches , for I finde not in all the Bible any Text wherein it is commanded that we should build us Churches : Perkins dem . Problem . 9. neither did the Christians either in the Apostles time , nor 100. yeares after , build themselves Churches like these of ours , but contented themselves at first to meet in houses , which thereupon were called ades sacrae . And to shew that they were commanded by the Levitical Law , will not serve our turn , for it will be said , the Statute of repeal , even the two words spoken by our Saviour upon the Crosse , Consummatum est , Iohn 19.30 . clearly abrogated that Law : but it is to be well examined , how far this repeal extendeth : for though the letter of it be taken away , yet the spirituall sense thereof remaineth ; for Ierome saith , Singulae paene syllabae , &c. spirant coelestia sacramenta . Tom. 3. Paulino Epist. that almost every syllable thereof breatheth forth an heavenly sacrament . Saint Augustine saith , the Christians doe keep it spiritually , so that if tithe be not given in the tenth , according to the Leviticall Institution , yet the spirituall meaning of providing for the Clergy our Levites remaineth . But with the precepts of the Leviticall and Ceremoniall Laws divers rules of the Morall Law are also mingled : as the Laws against Witches , Not to reap every corner of our field , nor to gather our fruit clean : not to keep the pledge that belongeth to the person of our brother . Userers , Oppressors , &c. the Laws that command us to lend to our brother without interest , and to sanctifie the Sabbath ; for though the Institution of the Sabbath be changed , yet the spirituall observation remaineth , and that not onely in the manner of sanctifying it , but as touching the time also , even the seventh day . Notwithstanding I find not , that the Apostles commanded us to change it , but because they did change it , we take their practice to be as a Law unto us : yet though they changed the time , they altered not the number , that is , the seventh day . I will then reason that God hath as good right to our goods of the world , as to the days of our life : and that a part of them belong unto him , as well as the other . And the action of Abraham and Jacob may as well be a precedent to us for the one , ( in what proportion we are to render them ) as that of the Apostles in the other ; for both of them were out of the Law , the one after it , the other before it : And why may not the limitation of the day appointed to the Lord for his Sabbath be altered and changed , as well as the portion appointed to him for the tenth ? You will say , the seventh day was not due to him by the law of nature , for then Abraham and the Fathers should have kept it before the Law given , but it held the fittest analogy to that naturall duty , that we owe to the service of God ; and therefore when that portion of time was once particularly chosen by God for his service , by reason himself had commanded it under the Law , the Apostles , after the Law was abolished , retained it in the Gospel : And so since the number of the tenth was both given to God before the Law , and required by him in the time of the Law , being also most consonant to all other respects , great reason it is to hold it in the age of the Gospel . Yet with this difference , that in the old Law the Sabbath was the last part of the seven days , and in the Gospel it is the first , because our Saviour rose from the dead the first day of the week , and not the seventh .

God is our Lord , and we owe him both rent and service : our service is appointed to bee due every seventh day , our rent to be the tenth part of our encrease . He dealeth not like the hard Landlords , that will have their rent though their Tenants bee losers by their Land , but he requireth nothing save out of their gain , and but the tenth part thereof onely . These two retributions of rendring him the seventh day of our life , and the tenth part of our goods , are a plain demonstration to us , of our spirituall and temporall duty towards God . Spiritually , in keeping the Sabbath , and temporally , in payment of tithes , that is , in providing for his Ministery , and them in necessity ; the one being the image of our faith , the other of our works : for seven is the number of spirituall sanctification , ten the number of legall justification . Therefore to pay all the nine parts was nothing , if we failed in the tenth ; for the tenth is the number of perfection , and therefore required above all other as the type of legall justification . And as our faith is nothing without works , so neither is the Sabbath without tithes : for they that minister to us the spirituall blessings of the Sabbath , must receive from us the temporall gratuities of Tithing .

CAP. XXVI .

That they are due by the Law of Nations .

THe Law of Nations is that which groundeth it self upon such manifest rules of reason , as all the Nations of the world perceive them to be just , and do therefore admit them as effectually by the instinct of nature as if they had been concluded of by an universall Parliament . Therefore in truth , this is no other , but that which the Philosophers call the law of Nature ; Oratours , the law of Reason ; Divines , the Morall law ; and Civilians , the Law of Nations . As far then as Tithe is due by one of these , so far likewise it is due by all the rest : and consequently the reasons that prove it in the one , doe in like manner prove it in all the other . I will not therefore insist here upon arguments , but remit you to that hath been formerly said touching the law of Nature , and demonstrate unto you by the practice of all Nations , what the resolution of the world hath been herein through all ages .

So ancient it is among the Heathens , that good Divines are of opinion , that Abraham took example thereof from the Heathen : but others with more reason conceive it to be practised even by the children of Adam as well as sacrificing and the offering of first-fruits , as by the opinion of Hugo Cardinalis I have shewed in another place .

Besides , I find not any mention of Tithe paid by the Gentiles , before the time of Dionysius commonly called Bacchus , who having conquered the Indians sent a Present of the spoil Magno Jovi , as Ovid witnesseth ; and this was about 600. after that Abraham tithed to Melchisedek .

Cyrus having collected a great sum of mony amongst his captives , caused it to be divided , & delivered the tithe thereof to the Praetors , to be consecrated to Apollo , and Diana of Ephesus , as he had vowed . Xenophon in Cyro . l. 5.

Alexander the great having conquered the Countries of sweet odours and frankincense sent a whole ship-loading thereof to Leonides in Greece , that he might burn it bountifully unto the Gods . Plin. li. 12. c. 24.

Posthumius having overthrown the Latines , paid the tithes of the spoil , as before he had vowed . Dionys. Halicar. li. 6. Livius . Largissime nimis .

Nebuchodonosor did the like ( too bountifully as Josephus reporteth it ) to the Temple of Belus . Ant. l. 10. C. 13.

Rhodopis a Thracian woman , before the time of Cyrus , gave the tenth part of all her goods unto Delphos . Herodot . Euterpe , pag. 139.

The Crotoniati warring upon the Locrenses , vowed the tenth part of the spoil to Apollo : but the Locrians , to exceed them in their vow , vowed the ninth part . Alex. ab Alex. 165.

Agis King of Lacedaemon went to Delphos , and there offered his Tithe unto God . Xenephon de rebus gestis Grae. li. 3.

Agesilaus conquered so much of his enemies Country , that in two years he dedicated above an hundred talents to God for the Tithe . Xenoph. de Agesil . laud.

The Liparians having overcome the Hetruscians in many sea battails , sent the Tithe of the spoil to Delphos . Diodor. 292. l. 40. 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 .

The custome of the ancient Gauls ( and so likewise , no doubt , of our Brittish Ancestors ) was to give all ( in effect ) that they got by the wars unto their gods , as Caesar witnesseth , and to sacrifice the cattell so taken . De Bell. Gal. lib. 6.132 .

And this use of Tithing the spoile obtained in war was every where so ordinary , that Craesus the King of Lydia being overcome by Cyrus , and taken into mercy told him , as advising him for his good , that he must of necessity render the Tithe of the spoil unto Jove , and that he should therefore set a guard at every gate of the City to prevent the soldiers from embezling of it . Herodot . in Clio. li. 1. p. 36.

I reckon up these particulars the more willingly to beget shame and remorse , if it were possible , in the soldiers of our time , that having been exceedingly enriched in this kind , have not I fear remembred God , with so much as Craesus did , when he sent no more but his iron shackles to Delphos . Herodot . ib. fo. 37. Yet God had 7000. servants that Elias knew not of , and therefore I will not judge them .

As Military men abounded thus with devotion , so those of peaceable professions came not behinde them ; for Festus witnesseth , lib. 4. p. 213. l. 67. That they of the old world offered every tenth thing unto God ; and Varro in his Book , De re Rustica , adviseth every man to pay his Tithes diligently of the fruits of his ground .

Therefore because the Sicilians were more happy in corn , then other Nations , they exceeded all other in thankfulnesse to Ceres , as appeareth by Diodor. Sic. 288. in pede , &c.

And for that the Athenians were next in that felicity , they did the like , and instituted further in her honour , initia Eleusina , i. the feast of the first-fruits , which for the great antiquity and holinesse thereof were , as Diodorus reporteth , celebrated of all the people of the world .

Pliny saith , the Arabians tithed their frankincense to their god Sabin , not by weight , ( as sparingly ) but by measure , as a more bountifull manner . Lib. 12. ca. 24. pag. 184. L. 57.

The Aethiopians cut not their cinnamon , but with prayers made first to their gods , and a sacrifice of 44. Goats & Rams : and then the Priest dividing the cinnamon , took that part belonging to their god , and left them the rest to make merchandise of . Plin. l 12. ca. 19. fol. ●86 . in pede .

The Siphnians sent at one time so great a Tithe out of their silver and gold mines to Delphos , as the richest man of that age was not more worth . Herodot . Thalia , lib. 3. fol. 180.

The Romans , Neque Herculi quisquam decumam v●vit unquam si sapiens factus esset . Cic. de Nat. Deor. and generally all Nations , paid the Tithe of their fruits to Hercules , and they held it the happyest thing to vow the payment of them faithfully : and they thought that the cause that Lucullus abounded so much above other in wealth was , that he paid his Tithe so faithfully . Alex. ab Alex. lib. 3.165 .

As they paid their Tithes out of the fruits of the earth , so did they likewise out of their privy gains and industry .

Herodotus writeth , that the Samians ( a small people ) yeelded at one time six talents for the Tithe of their grain gotten by merchanchise . Melpom. li. 4.267 .

And that nothing might goe untithed , the Ancients paid a Tithe of the very beasts killed in hunting , namely , the skins thereof to Diana .

Et penet in Trivia . — — — — Dives praedae tamen accipit omni Exuvias Diana tholo . — — Papin .

So Hesodius offered the tripod he won at Amphidamas game , as the prize of Poetry , and upon the altar of the Muses .

Additions to the 26. Chapter of the Law of Nations .

These Laws of the Heathens are but few of many more that might have been collected ; If any Reader therefore desire to be further satisfied touching the practice and custome of the Gentiles , in payment of tithes , he may abundanly receive content from M. Selden in his History , cap. 3. and Mountague in his Diatrib . cap. 3. out of both some collections are here added .

Some perhaps will say , it is lesse materiall to consider their doings , seeing we Christians have the light of Israel to direct us , and the assured Word of God to our guide ; as for the customes of the Gentiles , they might in many things imitate Gods own people , but we may have recourse to the fountain of all truth , to him , who is the way , the truth , and the light .

It is true , but God himself hath been often pleased to upbraid and provoke his own people , by the example of a foolish and ignorant people , and to call heaven and earth to witnesse against his own , when they have been obstinate and perverse in their ways . And our Saviour saith , that the men of Ninive shall rise up in judgement , and also the Queen of Sheba , against them who neglected so great means of salvation and instruction , as the people enjoyed , when he and his Disciples preached to them ; and that it shall be more tolerable for Sodome and Gomorrah at the last day , then for Chorazin and Bethsaida , who heard his doctrine and saw his works .

So doubtlesse we Christians in this last age , in this light of learning and sun-shine of the Gospel , may learn by the examples of the very Heathens , who were so precisely observant both of the quantity , the tenth , and of the quality , in giving the best of the encrease , which must needs proceed out of some secret inclination unto that practice , whereof ( as in many other remains of naturall notions ) they knew no reason , but were secretly inclined thereto , by that Providence which disposeth all things , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , or at least , from long continued practice and traditions , as they had many , taken from divine instruction at the first , though whence they had them they could not tell , not utterly abolished and obliterated in the darknesse of Pagan errors .

Paulus Diaconus , in his abridgement of Festus , doth witnesse the generall practice of the Gentiles : Decima quaeque veteres diis suis offerebant .

Diodorus Siculus , lib. 4. saith , That Hercules being very well pleased with the kindnesse of the Inhabitants of Palatium , foretold them , that after his Canonication those that would consecrate the tenth part of their substance unto Hercules , should be very fortunate and prosperous in the whole course of their life : which continued , saith Diodorus , a custome unto my time ; and he lived in the days of Julius Caesar . And prosecuting the point , doth instance in Lucullus , and other wealthy Romans , saying , Many Romans accordingly , not onely such as were of very mean estates , but also many of the richest sort have made these vows unto Hercules , to give him the tenth of all : and they becomming afterward very wealthy , have accordingly given unto him the tenth , their state amounting to M. M. M. M. Talents . L. Lucullus , well-nigh the wealthiest Romane of his time , making an estimate of all that he was worth , gave the tenth in oblation unto this Deity : which tenth he laid out upon many and sumptuous feastings to his honour , gifts to his Temples , and the like .

And these Herculean Tenths were , Therumatus , of a fair eye , given with a liberall and plentifull hand , as appeareth by that which Sylla , Lucullus , and Crassus did : So Plautus useth , obsonare pollucibiliter , to riot it , and fare as they doe that sacrifice unto Hercules ; and quaestus Herculeus , exceeding great gains : which is a most sure proof how prodigally liberall these Pagans were in paying their tithes of their never so great wealth unto their poppet gods , having never heard of the reward of the righteous , nor happinesse in heaven , laid up for all those that so honour God . And to this doth Tertullian allude , Apologet. c. 39. speaking of the prodigality of the Gentiles in such Feasts . Herculanarum decimarum & polluctorum sumptus tabularii supputabunt . Which ready forwardnesse of theirs , shall one day rise up in judgement , and cause it to be easier in the day of vengeance for those Pagans that knew not God , then it will be for many millions of Christians , that are both witty and couragious to withhold from God his due , and defraud him of that which in his name , and for his right sake was given unto those that intruded on his place , as an annexum thereto amongst the Pagans .

Halicarnasseus reporteth , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 that the Pelasgi in a dearth and great scarcity of all things , vowed , upon plenty sent unto them , to give the tenth of all that God should send unto them , unto Jupiter , Apollo , and the Cabiri , or the Samothracian Deities : intending that this misery and scarcity came unto them for their former neglect and contempt of that part of piety . Vpon this vow of amendment , they had their desire ; plenty was sent them , and then , setting aside the dedicate portion , the tenth of all their encrease of their grounds , and of their cattell , they offered it unto those gods .

The perpetuall use and practise amongst the Romans appeareth by Trebatius , Lib. 3. Satur. 5. who wrote ( saith Macrobius ) de religionibus , of the religious rites and ceremonies of the Pagans . Trebatius in that Book , as Arnobius telleth us , declareth a custome yearly with the Romans ; That the encrease of their Vintage was by solemn words and formalities set apart from ordinary and common use : for untill that ceremony so performed , whereby God did as it were give possession unto men , He as the giver of all things , and so of that naturall encrease , had in their opinion ( and this is a most remarkable passage for the right of Tithes , as they opined ) right unto , and interest in all . Nor was it lawfull among them for any man whatsoever , to use his own as his own , though it grew upon his own ground , was manured , tilled , sewed , set , preserved at his cost , with his labour and diligence , untill God had given him leave to doe it , being supplicated and sollicited thereunto by this formall ceremony . This is the summe of Trebatius discourse in Arnobius .

This is that which may shame and confound all Christians , that acknowledge no such right God hath , nor will be induced to professe it so : this will rise up in judgement against all maligners at , and detainers of the Churches portion in Tithes , Gods right , our inheritance , by better conveyance then Muncipall Laws can afford any . Cato de re rustica , ca. 132. hath the practice and the form .

Jupiter dapalis , quod tibi fieri oportet ( mark the word oportet , a matter of necessity , not of voluntary devotion ) in domo , familia mea , culignam vini Dapi ejus rei ergo . macte hac illace dape pollucenda esto . then , Hujus rei cura non levis in Latio — nam flamen Dialis auspicatus vindemiam , et ut vinum legere jussit agna lovi facit . Varro . manus interluito , vinum sumito . He that performed this ceremony , was to doe so , and then to say , Jupiter dapalis , macte istace Dape pollucenda esto : macte vino inferio esto .

Nor did they thus appropriatly use this ceremony unto only Jupiter , but unto what Deity soever they did , acceptum referre their encrease .

Quoties aut thus , aut vinum super victimam fundebatur ( saith Servius ) dicebant ; In 9. Aeneid . Mactus est Taurus vino , vel thure : hoc est , cumulata est hostia ; magis aucta est hostia . And Cato hath the same form of words concerning other sacrifices besides this , cap. 130.141.134 . Arnobius in zeal to Christian religion , derideth and scoffeth at this Pagan use and ceremony ; but because they did not , recte offerre , doe it to the true God : not because they did not , rite dividere , doe that which was not to be done : not the thing done , but done unto Jupiter , and unto Idols , not to the true God of heaven and earth , was blamed . Withall he giveth us to understand , That this erroneous act of theirs , had beginning from a true ground : That , The earth is the Lords and all that therein is ; that , He hath given it to the sons of men ; that it is , He that openeth his hand , and filleth all things living with plenteousnesse ; that tithes and first-fruits are given unto God , to recognize his supream dominion over all : his admirable goodnesse in giving us whatsoever we possesse : and that by giving of them back unto him , as it were a certain quit-rent unto the Lord Paramount , thereby we doe , and not otherwise , a quire unto our selves a right unto the Remains , with an interest therein , and not otherwise , to use them unto our own behoof ; which if we doe not , we are but Vsurpers and Intruders . For all the world , as the Jewes did , who might not , durst not meddle with the encrease , untill they had paid God his due , and thereby purchased liberty to use their own . Thus the Gentiles who had not the Law , by direction and light of nature though so much obscured , yet did the things of the Law .

Concerning the Siphnians ( whereof mention is made already ) it is further to be remembred , In Phoc. what Pausanias expresly relateth of them : who saith , when covetousnesse made them leave paying that tribute of Tithes , the sea brake in upon them and swallowed up their mines ; a just vengeance upon detainers of Divine right , by dishonouring of God to lose all . So long as yearely they paid Tithe of the encrease , so long it was well with them : so soon as they defrauded God of his right , God turned them in justice and vengeance out of all .

Aristotle reports , that Cypselus had a speciall regard to the tenth , as competent to a Deity , when he vowed all the goods of the Citizens , Oeconom . 2. if he could get Corinth . Aristotle was the great dictator of learning , in whom God would remonstrate what he could doe in meer Nature , without supernaturall endowments of grace ; he speaks directly , That the tenth part is competent to a Deity , and that , He vowed all the goods ; but because this vow implyed an absurdity , unlesse he meant , which he did not intend to ruine the City , he was fain to have recourse unto the ordinary use of Tithing : but so , that the Tithe decies repetita , should answer the proportion of his vow : 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , having made a rate and cessement of every mans goods and state , he took the tenth part , for that yeer ; and so the next for ten years together , leaving them nine parts to trade with and live upon . Every one did not so , but every Conquerour that would not be unthankfull gave the tenth , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , unto God ; with us daily , men are not thankfull as they ought ; yet they should be gratefull .

Agesilaus , whiles he warred in Asia and had the spoil of that wealthy Country , made such haveck upon the enemy , Xenophon . that within the compasse of two years , he sent more then one hundred talents , tithes , unto Delphos , which proveth an ordinary Spartane use and custome at least .

The same Agesilaus having vanquished the Thebans , Xen. Hellen. l. 4. and their associates , in a great battail at Coronaea , though having received many wounds in the fight , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , forgat not God , saith Xenophon , nor to be thankfull unto God .

That Retrait which Xenophon made with his ten thousand men out of upper Asia , is the most remarkable piece of service one of them in all Antiquity . In this hazard , Xenophon , as himself relateth it , gave decimam spoliorum , partly unto Apollo , partly unto Diana of the Ephesians .

The tenth being separated for these two Deities , was by generall consent committed unto the Captains to be dedicated . That for Apollo was laid up at Delphos in the Athenian Treasury ( for most Nations of Greece had a severall one there . ) But with that other part , Diana's part , Xenophon purchased a piece of ground , and built there a Temple , and an Altar , and appointed the tenth of the yearly encrease for ever unto that service . This is a passage very considerable , there being not such an expresse and observable example in all Antiquity for Tithe in this kinde with an endowment of a Church with lands . Sacred is that land unto Diana ; whosoever possesseth or occupieth the ground , must every year consecrate the tenth unto the service of Diana , and employ the rest upon the fabrique and upholding of the Temple . Tithes of spoiles commonly paid amongst the Graecians , but not accustomed in this sort to be employed . A generall sacred Revenue appropriated to a speciall end ; where besides the profits and Revenues of this land tithed , what was purchased with the tithe at first , unto Diana , as president of the trade , and the chiefest ranger amongst Pagans , Tithe of Venison and Game is said in the same place to have been paid .

Diodorus Siculus in his elventh Book hath three severall instances , Pag. 2●9 . for tithing spoils of warre ; the first of Pausanias , and the Graecians , that having vanquished the Persians , and slaine Mardonius in the field : Set apart the tenth of the spoils , and therewith caused a tripos of gold to be made , which they dedicated at Delphos ; no vow preceding , nor other intimation being , but as done out of duty and ordinary profession of thankfulnesse .

Another of Cimon the Athenian Generall , Pag. 270. who remaining victor at the battail upon the River Eurymedon , as Pausanias had done , so did he , set out the tenth of the spoiles , as Gods part , sacred and dedicated unto him , to God in generall , not naming Apollo , or any else .

In a third place , Pag. 276. the Argivi having made the Mycenians their slaves and captives , consecrated the tithes of all they took to God , and utterly rased the Town Mytenae .

Porphyrie declareth , that first-fruits were given unto God , ( and what is said of first-fruits must be granted of tithes ) out of devotion by the Pagans , Lib. 2. 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . of all things usefull to the life of man : as of corn , honey , wine , oyl , cakes , and what not ? Those that gave nothing by way of thankfulnesse , out of their encrease and store , were called 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , irreligious people ; not serving God , without piety : who never escaped punishment for their Atheisme . The Thoes a people confining upon Thracia , that never used to give God first-fruits of any thing which they enjoyed , nor offered any thing at all unto the Deity , were utterly destroyed out of the earth . The reason is well given by that prophane Porphyrie , why men give tithe , first-fruits , sacrifice , and the like , out of the secrets of Christian mysteries , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , for all that we have or enjoy is Gods , though the use or enjoying thereof seemeth to be ours , which reason being eternall , and undenyable in nature , professed and acknowledged by Naturalists , without light of grace , none can doubt , but that the practice in being was out of that perswasion , and so of duty , and necessary tye , which none but 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , and 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , as Pophyrie calleth them , did neglect : and for contempt whereof , even in opinion of Pagan Antiquity , exemplary punishment was inflicted on that people . No men , nor City , nor stone remained , and their memoriall perished from off the earth , saith Porphyrie .

The learned Greek Grammarians doe testifie and expound , the custome of tithing by the Graecians , as Valerius Harpocration saith : 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , for they tithe all the spoils gotten of the enemy unto the gods . And long before Harpocration , the learned Grammarian Didymus for his indefesse reading and writing , surnamed 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Ironside , or heart of Oak , saith , as he is cited by Harpocration , that properly and primarily , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , to pay the Tithe , was 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 to sanctifie , dedicate , or consecrate unto divine service , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , In as much as it was a generall custome amongst all the Graecians to give the tenth of any their encrease unto the gods . These two learned Grammarians did know what was the ancient use among the Graecians , better then any man now : because they did only hoc agere , having no other profession to distract their studies : and especially because both of them had , especially Didymus , those helps in their dayes , which none can attain now unto ; the Authors being lost , whom they saw and perused , whereby they might learn the Graecian customes more particularly .

Besides the practice of the Romans and Graecians , other barbarous Nations did observe the Law of Tithing : For in the remains of naturall understanding & notions , the Barbarians had a part as wel , & often a greater part then the Graecians or Romans more civillized Nations had ; and commonly the ancientest customes are to be found amongst the Barbarians , and not among the Graecians , nor Romans , as common experience observeth . The Carthaginians sent the Tithes of their Sicilian spoils unto Hercules at Tyre , for Hercules was the chief Patron and Protector of Tyre , and the Carthaginians were a Tyrian Colony . Nor did they send their Tithe once , or sometime , or as they would , out of arbitrary devotion , but of ancient and ordinary custome , as Diodorus Siculus reporteth ; which growing into disuse , through negligence and disregard in long tract of time , many dysasters in war , and other crosses in affairs of State befell them . And thereupon to reconcile themselves , and appease Hercules , they renued again the forgotten custome , and sent thither not only the Tithe of the spoils , but of all things encreasing and renuing yearly . Thus much is reported by Diodorus , where he relateth into what straits the Carthaginians were driven , and into how many hard assays , by Agathocles the Scicilian . It is a memorable place for such piety ; therefore it shall be here recited .

The Carthaginians supposing that these losses and dysasters were sent unto them of God , betooke themselves to all manner supplication and devotion ; and for so much as they supposed Hercules especially to be angry with them , who was chiefly worshipped at Tyrus , from whence originally they were extracted , they sent exceeding great presents and rich gifts thither . Being thence descended they were accustomed in former times to send unto Tyre the tenth for Hercules , of all their Revenues and encrease , any way renuing , issuing or growing ; but becomming in processe of time very wealthy , and having exceeding great commings in , they sent very seldome their Tithe , and that but small and refuse , unto Tyre , in neglect and disregard of the Deity . But upon this great losse , comming home to themselves , and repenting of their irreligion , they became mindfull of the Gods , all that were worshipped at Tyre , and sent unto them the tenth .

Altogether as we use to serve God . Phryx plagis . Israel when God smote them , then they repented , returned , and honoured him : but when he turned his hand , they turned their hearts . So the Carthaginians being plagued first , returned unto their former custome , ( an ancient custome beyond the memory of man , and yearly , not sometime ) and gave willingly in abundance their tenth part of all their commings in : not so much but of their children they gave the tenth , for they used to sacrifice them unto Saturn , as Israel did in the Valley of Hinnom . Old Father Ennius remembreth this custome , Poeni sos solitei sont sacrificare puellos : which custome seeing it remained unto Tiberius Caesars time , it is not likely they disused the other tenths .

In like manner Gelo the Sicilian having vanquished the Carthaginians in a most memorable battell , and slaine of them in the field an hundred and fifty thousand men , the greatest blow for massacre of men , that they at any time received in any battel : Gelo having atchieved this , he reserved severall and apart the best and principall of the spoils ( which cannot well be denied to be a tenth ) meaning to adorn and honour the Temple at Syracuse : of the remains he reserved another portion ( without all doubt in quantity another tenth ) which he dedicated in the principall Churches of Himera ; the residue , after God had been served , he parted among his soldiers and confederates .

Thus it appeareth what the custome of Tithing was among the Heathens , which doubtlesse they learned as many other things , from the people of God ; as the ancient Fathers have observed touching many passages of practice in holy writ : there especially , when they intreat , de Graecorum furtis . So the names of Deities , and other particular usages , they received from the Hebrews , ( though with much difference and variety , both as comming farre , and not well apprehended , or understood in the carriage and delivery ) so also it is very probable , that of them the Syrians , Phoenicians , and Egyptians , first learned to give the tenth unto God , and other holy usages , and then more remote Nations afterward : which might well admit in passing up and down , and in long continuance , much variety , and not fully in every point answer the prototype , or originall .

But from whence soever they received their first direction , for custome and practice they most part went beyond Gods own people : which though it be strange , yet so it is , that in zeal unto piety and the service of God , not onely Samaria hath exceeded Jerusalem , but even Babylon put down Sion . And so Theodoret complaineth , that the heathens did give their tenths and first-fruits , to be employed in their idolatrous service , to the maintenance of their Temples , Oratories , Priests , and Altars , in more liberall manner then Christians : but saith he , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . Such honour ( saith he , speaking of the care taken for the Egyptian Priests , Gen. 47. ) the Priests of the living God , and Ministers of our Redeemer Christ Jesus have not with us . And much lesse have they in these days , especially with us , who boast to have reformed things amisse . For yet , amongst those of the Church of Rome , it is otherwise , that think nothing too dear for their Jesuites ; and have their Priests in so great respect , that they fall down on their knees and desire their blessing every morning : but , Nuper Tarpeio quae sedit culmine cornix , Est bene , non potuit dicere , dixit , erit .

Mr Selden saith , that the Turks pay the tenth according to the Mosaicall Law , which they receive as authentique , but keep it according to Mahomets fancy , and the doctrine of his Canonists .

Mr Blunt an accurate observer in his travails affirmeth , that the Turks in their principall Cities have very stately Moskeetoes ( i. Churches ) of magnificent building , accommodated with goodly Colledges for the Priests lodgings , and Bathes , equall to the Monasteries of any City in Christendome .

Aelian relateth ( as Mr Selden citeth him ) that some kinde of beasts in Africa , alwayes divided their spoile into eleven parts , but would eat onely the tenne , leaving the eleventh as a kinde of first-fruits or Tithe : and why may not beasts of the field teach men the practice of piety ? seeing man that is without understanding is compared to them .

Thus Jews , Pagans , Turks , and some beasts have had a care to pay Tithes , but many Christians in these times come farre short in their duties , and may bee upbraided with these examples : Which are here more largely insisted on , to shew the impiety of many men in these last days , who are more inexcusable , then ever any people were , because we have the rules and practice of all ages set before us for our direction ; as before the Law of Moses , in Abraham and Jacob : and likewise under the Law , during the Priesthood of Aaron : and since under the Gospel abundant light to guide us : besides all the Records , Histories , and Monuments of Gods judgements in former times to instruct us . All which ( saith the Apostle , 1 Cor. 10. ) are written and recorded for our admonition , upon whom the ends of the world are come . If we therefore offend now , we are greater sinners then any former people , as sinning against conscience , knowledge , and examples of all ages ; and like to the servant , that knew his Masters will , but did it not , who therefore must be beaten with many stripes .

CAP. XXVII .

That they are due by the Law of the Land .

AS they are due by the law of Nature , and of Nations , by the Law of God , and of the Church : so are they likewise due by the very Temporall Laws of the Land , as well ancient as later ; therefore Edward the elder , and Guthrun , Saxon and Danish Kings , punished the not payment of Tithes by their temporall Constitutions . Lambard . 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , pag. 54. Tom. 1. Concil. Britan. pag. 392.

King Athelstan about the year of our Lord 924. not onely decreed them to be paid , by himself , his Bishops , Aldermen , and Officers , but maintaineth that his Law by the example of Jacob , saying , Decimas meas , & hostiam pacificam offeram tibi ; and by other effectuall Authorities : providing precisely , that his owne Tithes should diligently be paid , and appointing a time certain for doing thereof , viz. the feast of the decollation of S. John Baptist . 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , pa. 57. Tom. 1. Concil. p. 402.

King Edmund about the year 940. in a solemn Parliament , as well of the Laity , as Spiritualty , ordained that every man upon pain of his christendome , and being accursed , should pay them truly . 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , pag. 73. Tom. 1. Concil. pag. 420.

King Edgar in a great Parliament about the yeare 959. confirmed the payment of Tithes , assigning certain times when every thing should be paid , viz. the Tithe of all young things before Whitsontide , of the fruits of the earth by the harvest aequinoctiall , ( i. about the 12. Septemb. ) and of seed by Martimas ; and this to be done under the pain mentioned in the Book of the Lawes of the Land : whereby it appeareth that the Laws of the Land had anciently provided for the payment hereof ( though the Book remaineth not to us at this day ) as well as the Laws of the Church . And he further enacted , that the Sheriffe as well as the Bishop and Priest , should compell every man to pay their Tithes , and should set it forth , and deliver it , if they would not , leaving to the party offending onely the 9th part : and that the other eight parts should be divided , four to the Lord , and four to the Bishop ; and that no man should herein be spared , were hee the Kings Officer , or any Gentleman whatsoever . 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , pag. 77.

Tom. 1. Concil. pa. 444.

King Canutus , about the yeare 1016. made the like Law , with some little enlargement , as appeareth in his Laws , Tom. Con. pag. 44. ca. 8. and as Malmesbury testifieth , strictly observed all the Laws of the ancient Kings , de gestis Regum Angl. lib. 2. p. 55. And he wrote also about the 15. year of his reign from beyond the seas a long letter to all the Bishops and Nobility of England , conjuring them by the faith , that they ought both to himself , and to God , that they caused these Lawes touching Tithes and Rights of the Church to be duly executed , and the Tithes to be paid as abovesaid . Malmsb. p. 74.

But King Edward the Confessor , about the year 1042 , made all certain ; namely , that Tithe was due unto God , and should be paid , the tenth sheafe , the tenth foal , the tenth calf , the tenth cheese ; where cheese was made , or the tenth days milk , where there was no cheese made ; the tenth lamb , the tenth fleece , the tenth part of butter , the tenth pigge ; and that they that had but a calfe or two , should pay for every of them a penny . And to this price is the Parson generally holden at this day , when ten of our pennies are scarcely worth one of that time . He also ordained , that Tithe should be paid of bees , woods , meadows , waters , mils , parks , warrens , fishings , coppises , orchards and negotiations : and out of all things , saith the Law , that the Lord giveth , For the Sheriffe and Bishops were in those days , the Kings Justices in every County , and all matters were heard and decided before them . Note . the tenth is to be rendred unto him that giveth the nine parts with the tenth : and bindeth the Sheriffe , as well as the Bishop , to see this executed . And all these were granted , saith the Book , by the King , Barons , and Commonalty , as appeareth in those his Laws , cap. 8. and Hoveden Annal. part . poster . pag. 602.

Long after the learned Author had written this , he published the first Tome of our English Councels , wherein not onely these Laws mentioned , are recited , but also many other Laws and Constitutions concerning Tithes , by other Kings and Parliaments of that age . It would have been an easie matter to have inserted them at large here , being there set down in order of time successively ; but because I am unwilling to add any thing , or alter in the text of his discourse ; and that the Tome of the Councels is obvious to every mans perusall , I will onely adde some brief references to them , as also to M. Selden , in the eight chap. of his History , who hath recited them all , and some more then are here mentioned . From both ( these learned Lawyers ) the studious Reader may be abundantly satisfied , especially when the second Tome of the Synods shall be extant , there will be full testimony of our own Laws , to confirm this truth , for 500. years after the Conquest , as these are for 500. years before it .

When Gregory the great sent Augustine , ( about the year 600. Chr. ) assisted with 40. Preachers , to publish the Gospel to our forefathers in England , it is testified by the Laws of Edward the Confessor among other things , that he preached and commanded Tithes to be paid . — Haec beatus Augustinus praedicavit & docuit , & haec concessa sunt à Rege , Baronibus , & populo , sed postea instinctu diaboli multi eam detinuerunt , &c. and all this was confirmed by the King , and his Barons , and the people .

Tom. 1. Concil. Brit. pag. 619. § 8 , 9.

Egbert Archbishop of York , brother to Eadbert King of Northumberland , published Canons about the yeare 750. ( which did binde all the Northern parts , and Scotland in those days ) wherein he directeth all Ministers to instruct their people , when , and how to pay their Tithes .

Tom. 1. Con. pa. 258. Can. 5 , &c.

About the year 786. in the time of Offa , a great King of Mercia , and Helfwood , King of Northumberland , and the two Archbishops , there was a great Councell held by two Legates from Hadrian the first , wherein Tithes were established ; and it was likewise confirmed in the South part by the King of West-Saxony . And as M. Selden saith , it is a most observable Law , being made with great solemnity of both powers of both States . History cap. 8. pag. 201.

Tom. 1. Con. pag. 291. Can. 17.

In the year 855. King Ethelwolph by the consent of all his Baronage and Bishops , granted the perpetuall right of Tithes to the Church , throughout his whole kingdome , and that free from all taxes and exactions used then in the State ; and this statute is very remarkable , and was confirmed by other Kings , Brorredus , and Edmundus of East-Angles .

Tom. 1. Con. pag. 384.

For the Northern Clergy , there was a Law made to punish the non-payment of Tithes .

Tom. 1. Con. pag. 501.

In a great Parliament at Earham , Anno 1009. by all the States assembled under King Ethelred , Tithes are commanded and confirmed .

Tom. 1. Con. pag. 510 , &c.

Maccabeus , an ancient King of Scotland , confirmeth Tithes in his Laws . Con. pag. 571. Anno 1050.

In the Canons of Aelfric , Tithes are confirmed , Anno 1052. Con. pag. 572.

These and many other Constitutions and Laws are particularly , and more fully recited in the first Tome of our Councels , and in Mr Seldens History , cap. 8. from whence the Reader may please to take satisfaction , for the space of some 500. years before the Conquest .

William the Conquerour in the fourth year of his reign , when he took a view of all the ancient Laws of the Land , he first confirmed the liberties of the Church , because that by it ( saith Hoveden ) the King and the kingdome have their solid foundation ( pag. 601. ) and herein amongst other Laws of King Edward , these particularly touching Tithes ; which Hen. 1. also did Anno 1100. as appeareth by Mat. Par. pa. 53.

The like did also Hen. 2. in the 26. year of his reign , as Hoveden witnesseth , pa. 600.

And for a perclose of all that went before , or should follow after , King Hen. 3. in the ninth year of his reign , by that sacred Charter made in the name of himself , and his heirs for ever , granted all this anew unto God . We have granted ( saith he ) unto God , and by this our present Charter have confirmed for us , and for our heirs for evermore , that the Church of England shall be free , and shall have all her holy rights inviolable . Magna Charta cap. 1. And that this Charter might be immortall , and like the sanctified things of the Temple , for ever inviolable , it was not onely fortified by the Kings Seal , ( the sacred Anchor of the kingdome ) but by his solemn oath , and the oath of his sonne , and the Nobility of the kingdome . Yea , the whole kingdome yeelded themselves to stand accursed , if they should at any time after impeach this grant . And therefore in the 25 Ed. 1. a speciall Statute was made for confirmation of this Charter , V. Rastals Abridg . destat . tit. Confirmat . Sententia lata super chartas . wherein amongst other things it is ordained , that the Bishops shall excommunicate the breakers thereof ; and the very form of the sentence is there prescribed , according to which upon the 13. Maii , Anno 1304. Ed. 1.31 . Boniface the Archbishop of Canterbury , and five other Bishops solemnly denounced this curse in Westminster Hall , the King himself with a great part of the Nobility being present . Vid. Pupil . oculi . part . 5. cap. 22. First , against all them that should wittingly and maliciously deprive , or spoil Churches of their rights .

Secondly , against those that by any art or devise infringed the liberties of the Church or Kingdome , granted by Magna Charta & de Foresta .

Thirdly , against all those that should make new Statutes against the Articles of these Charters , or should keep them being made , or bring in , or keep other customes ; and against the writers of those Statutes , Counsellors , and Executioners thereof , that should presume to give judgement according to them .

And lest this should seem a passion of some particular men for the present time , rather then a perpetuall resolution of the whole kingdome in the succeeding ages , the zeal and care thereof was continually propagated from posterity to posterity . So that in 42 Ed. 3. cap. 1. it was further enacted , that if any Statute were made contrary to Magna Charta , it should be void . And 15. times is this Charter confirmed by Parliament in Ed. 3. time ; eight times in Rich. 2. reign ; and six times in Hen. 4. Yea , the frontispice of every Parliament almost is a confirmation of the rights and priviledges of the Church ; as having learned of the very Heathen Poet , who had it from the law of Nature , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , we begin ever with God . Neither was there any man found , that ever would , or durst ( with Nero ) lay hands upon his Mother the Church ; for he that smiteth his father or mother , shall die the death , Exod. 20.15 .

Heu tot sancitas per plurima secula leges Hauserit una dies ! hora una ! et persidus error !

My meaning is not to strain these Laws to the maintenance of such superstitious gifts as were made to the Church against the honour of God , but to those onely that were for maintenance of his Word and Ministery , which if they were lawfully conferred ( as no man I think doubteth but they were ) then let us consider how fearfull a thing it is to pull them from God , to rend them from the Church , to violate the dedications of our Fathers , the Oaths of our Ancestors , the Decrees of so many Parliaments ; and finally , to throw our selves into those horrible curses , that the whole body of the kingdome hath contracted with God ( as Nehomiah and the Jews did , Nehem. 10. ) should fall upon them if they transgresse herein . For as Levi paid Tithes in the loins of Abraham , Heb. 7. so the lawfull vow of the fathers descendeth upon their children . And as the posterity of Jonadab the sonne of Rechab were blessed in keeping it , ( Jer. 35.18 . ) so doubtlesse have we just cause to fear the dint of this curse in breaking this vow .

Say then , that Tithes were not originally due unto God , and that there belonged no portion of our Lands unto his Ministers , yet are we in the case of Nehemiah and the Jews , ( Nehem. 10.32 . ) They made Statutes by themselves to give every year the third part of a shekel for the service of the house of God . And our fathers made Laws amongst themselves to give a portion of their Land , and the tenth part of their substance , that is , these Parsonages for the service of the house of God . If they were not due before , they are now due : For when thou vowest a vow unto the Lord thy God , thou shalt not 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 Levites onely and their family ; and as they were otherwise applied to the ceremoniall habit of Gods service for that time : but yet notwithstanding , even then they still served in the main point to the Morall end of their originall Institution ; that is , the worship of God in genere ; the maintenance of his Ministers in genere ; and for a token of thankfulnesse in genere . Against which the particular applying them to the particular form of worship , and ceremonies of the Leviticall Law , ( for that time abolished ) had no repugnancy . And therefore though that manner of disposing them were Ceremoniall , and did vanish away with the ceremonies themselves : yet did it nothing diminish the Morall use , and validity of the Institution in genere ; which notwithstanding still remained to be accepted and imitated by all posterity ; and yet to be altered and changed accidentally in the particular ordering and disposing of them , as the present estate of Gods worship , and the necessity of the time should require , viz. before the Law , at the pleasure of them before the Law : under the Law , by the rules of the Law : and now in the time of the Gospel , as the Church of God either hath , or shall appoint them : keeping always ( as I say ) the Morall considerations of their Institution , for they may not be diverted from the Minister , though the course of Gods service be altered from that of the Levites , but both they and the Levites are labourers in the Lords Vineyard ; and therefore what kind of work soever , either the one , or the other , be for the time there employed upon , the wages appointed ( Denarius in diem , Mat. 20.2 . ) is due unto each of them .

Therefore to take away the antithesis , or opposition that some make between the Ministers of the Gospel , and the Levites and Priests of the Law ; God himself in the last of Esay , v. 21. Esay 66 , 20. calleth the Ministers of the Gospel Priests and Levites , as though he had onely changed the course of their service , and not the main , or end of their Institution . I will take of them ( viz. of the Gentiles ) for Priests and Levites , that is , the generation of Levi shall no longer be appropriate to my service , but I will communicate their function to the Gentiles , and out of them will I take Priests and Levites to perform the service of my charge .

God therefore brought no new thing into the Leviticall Law , neither changed he the nature of the former Institution thereof , nor the course of the payment , nor the quantity of the portion assigned , nor the end whereto it was ; but looking generally into the equity of them all , and approving them all in the generall , ( yea , though they were used by the Heathen ) he descended into further particularities for order and government , whereof he prescribed divers rules , and observances , some Morall , some Judiciall , and some Ceremoniall , according to the fashion of his Church at that time ; which like old garments being wholly worn out with the old Law , the body whereupon they were put , remaineth still in the first shape and vigour . And whereas before the Law it seemeth to be somewhat at randome and uncertain , God by his owne mouth in the Books of Moses , hath established , and confirmed . So that these things considered , it cannot be said to be Leviticall in substance , but respectively onely , and by way of accident .

§ 1. An Objection touching sacrifice , and first-fruits , and circumcision .

It may be objected , that sacrifice and first-fruits were also in use under the law of Nature , and from thence , ( as Tithe was ) translated into the Leviticall Law : yet they ceased with the Leviticall Law , and why should not Tithe cease likewise ?

Though sacrifice and first-fruits were in use under the law of Nature , and from thence ( as Tithe was ) translated unto the Leviticall Law , yet the mark they shot at , and the end whereto they were employed , being once accomplished , there was in reason no further use of them ; for they were like the cloudy and fiery pillars , that directed the children of Israel to the land of promise , who being arrived there , needed those helps no longer , and so they vanished away , as then not necessary . But Tithe in it self and before the Institution of the Leviticall Law , was onely an act of justice and piety ; and therefore though the Leviticall Law , employed it partly unto ceremonies , yet the nature thereof was not thereby changed , and therefore it still lived , when the Leviticall Law died . Touching the whole frame of Leviticall ceremonies , it is like that of Daniels image : the body is decayed and gone , but the legs being partly iron , as well as clay , by which it was supported ; though the clay , that is , the ceremony be abolished , yet the iron , that is , the Morall Institution thereof , endureth for ever .

The rites of the Leviticall Law were of two sorts ; some the naturall children thereof , others the adoptive . I call them naturall , that sprang out of the bowels of it , as those touching the Ark , and Institution of the Levites . Adoptive , those that being in use before were afterward annexed to it : And of these I observe two sorts , one arising from some positive Constitutions , as that of Circumcision ; ( whereof I will speak anon ) and the other deduced from the law of Nature , as those concerning the worship of God : whereof some were generall and necessarily incident to every form of his worship in all ages ; as Ministers to perform his service , which they called Priests , and means to maintain it , which they ordained to be by Tithes . The other appropriate to the naturall condition of those times ; as sacrifice , and first-fruits , which though they rose out of the law of Nature , as touching the common end of being offered by way of thanksgiving unto God ; yet in that they were also types and figures , full of ceremony , they became temporall , and thereby transitory . For the children of Adam finding themselves in the wrath of God ; and their flesh , bloud , body , and life , to be altogether corrupted and accursed by the transgression of their father ; they sought by all invention possible to help it as far as nature could ; and therefore both to expresse the present estate of their miserable condition , and the mark also they aimed at for redemption in time to come , they held it as a necessary correspondency , that flesh should be redeemed with flesh , bloud with bloud , life with life , the guilty body with a guiltlesse body , and to be short , the trespasse and corruption of man , by the innocency of some sanctified creature offered unto God for remission of sin . And because nothing under the sun could be offered up , but it also was full of corruption , and that nothing could be acceptable unto God , that was impure , therefore though they chose the cleanest and perfectest beasts , and things for these offerings and sacrifices , and purged and sanctified them by all manner of means they could , yet they devised further to sever the purer and aeriall part thereof from the grosse and earthly ; consuming the one , that is to say , the flesh and the bones ( as the body of sin and corruption ) with the deserved torment of fire , and sending the other , that is , the fume and vapour , as the purer part to carry their prayers and invocations up into heaven , before the Throne of God . First , how corruptible they were , that is , even like the great body of a bullock suddainly consumed . Secondly , the punishment in justice due unto them , even the torment of fire . Thirdly , the place and person from whence they hoped for redemption : Heaven and Almighty God . And lastly , the means whereby they were to attain it , taken from two of the proprieties of fire , light and heat : that is , first , the light of faith , whereby they long foresaw the promised seed ; and secondly , the heat of zeal and hearty prayer , breathed and sent forth from the altar of a fervent heart , whereby they hoped to obtain remission of their sins .

After all this they yet considering further , that the corruption and wrath fallen upon them was perpetuall , and that these oblations and sacrifices were but temporall and momentary , they thought in reason ( being onely under the law of Reason ) that the one could not countervail the other , and that therefore it was necessary by continuall reiteration and multiplying of sacrifices to sollicite and importune God from day to day untill the time came , that a perpetuall sacrifice might be offered up to make sinalem concordiam , in the high Court of heaven , a full atonement betweene God and man : which being once accomplished by our Saviour Christ , both the institution and the end of sacrificing were wholly accomplished , and so no cause for ever after to use that ceremony any more . For with one offering , saith the Apostle to the Hebrews , hath he consecrated for ever them that are sanctified , Heb. 10.14 .

Touching Circumcision , though it were before the Leviticall Law , yet it rise not out of the Law of Nature , or Morall Law , but was instituted by a positive constitution , made by God himself , and not as a part of his worship , but as a seal of his Covenant with Abraham , which by this ceremony of cutting away the impurer part of the flesh , did put the children of Israel ever in mind to cast away carnall affections , and to hope for the promised Messias , that should cleanse them from the impurity of sin , and restore them again to the favour of God : which being performed by our Saviour , the Covenant was fulfilled , and the seal of Circumcision presently thereby defaced .

§ 2. Of the Sabbath day : Easter and Pentecost .

The Institution of the Sabbath day had in it much more Levitical ceremony , then the matter of tithing ; for no man ought to kindle a fire on that day , nor dresse the meat he should eat , Exod. 35.3.16.24 . Jer. 17.11 . nor carry any burden , take a journey , or stir out of the place he was in . Tarry every man in his place , let no man goe out of his place the seventh day , Exod. 16.29 . It was besides a day appointed for divers particular ceremonies , sacrifices , and offerings , as yee may read , Num. 28.9 , 10. and amongst other significations , to be a memoriall of the great deliverance out of Aegypt , ( a thing peculiar to the Jews . ) Neither have we any commandement , but only a precedent for the keeping of it , from the Apostles , Acts 20.9 . 1 Cor. 16.2 . Rev. 1.10 . Yet durst never any man say , that the Sabbath was therefore to be abolished , but the temporall and ceremoniall parts thereof being taken away , the morall use of the commandement , which is , that the seventh part of our time must be dedicate to the generall service of God , remaineth for ever to the worlds end ; for otherwise our Sabbath is so remote from the Sabbath commanded in the Decalogue , that the one holdeth almost no affinity with the other , as appeareth in the points aforesaid ; and for that their Sabbath was the last day of the week , ours is the first : theirs was in celebration of the end of his workes , ours in celebration of the beginning thereof ; for in the first day were the Elements , the Angels , &c. made . August . Tom. 10. fol. 250. Theirs in memory of the Creation of the world , ours of the Redemption , that Christ rise from the dead the first day of the week . And though the Apostles taught us by example to exchange the Jewish Sabbath for this of ours , as touching the publique meeting on the first day of the week , for setting forth the glory of God , yet they gave us no commandement to abstain from work on that day ; but the Church decreed , saith S. Augustine , that all the honour of the Jewish Sabbath should be transferred to the Christian ; ( loco dicto ) and is done upon the Morall reason of the commandement , not the Leviticall .

So likewise in tithing , cut off those parts that were temporall , and ceremoniall , which as I have shewed were neither in the payment , nor in the receiving of them , but in the manner of sanctifying and employment of part of them , after the Levites were possessed of them : and then that which remaineth , namely , the payment and receiving of them for maintenance of the service of God remaineth for ever , as a part of the Morall Law , and common equity .

So touching Easter , Christ our Passeover was sacrificed for us , 1 Cor. 5.7 . and thereby the end of Institution accomplished : how come we then to continue it , especially , having neither commandement , nor precedent thereof from the Apostles ? The Ceremoniall part of the Paschall feast , viz. the Leviticall Lamb , the Purification precedent , &c. are abolished with the Law , yet in that Christ came in the room of that Leviticall Lamb , and was sacrificed at the same time , and gave his body to be broken and eaten by all , as the Paschall Lamb was for a satisfaction for our sins , as S. John Baptist saith , Ecce Agnus Dei — therefore is that Feast continued , as it was formerly used , without changing either the number of the days , or season of the year , or the solemn estimation that was anciently had thereof : yet note that Easter is kept according to the Leviticall manner for the time , after the full Moon , and is therefore moveable ; whereas the day that Christ suffered is otherwise fixed , as that of the Nativity .

So likewise Pentecost , being the 50. day from the first Passeover , eaten by the children of Israel , and the day also whereon the Law was given in Mount Sinai , and therefore hallowed as one of the three greatest feasts ; the Law then being ended , the celebration of the birth-day thereof , must in all reason also be ended ; yet because the fulnesse of grace , ( that holdeth always an Antithesis with the Law ) that is , the holy Ghost in shape of cloven tongues was at the end of 50. days after Christs first Passeover sent down upon the Apostles ; therefore is that Feast also continued , at the same time and number of days , that the Jews used it : although in all the New Testament we have neither commandement , nor example for keeping either of these Feasts ; for though it be said , Acts 2.1 . that when Pentecost was come , the Apostles were all together in one place , yet was not that their meeting to celebrate the Judaical Feast : but because the people from all parts then flocked to Jerusalem , the Apostles were there also , for the better publishing of the Gospel , and for the same reason was the holy Ghost also in this miraculous manner sent at this time , that by this means the same thereof might be carried throughout all the world . For it cannot be intended , that the Apostles met to celebrate the Christians feast , insomuch as at the beginning of this their meeting the holy Ghost was not sent upon them . Yet all this while , nor in the Apostles time , as far as the New Testament discovereth , was Easter used , nor the Feast of Pentecost ; for though it be said , that when the Feast of Pentecost was come , they were all with one accord in one place , Act. 2.1 . that is , Nemo non sanctificatus faciat Phase . Nu. 9.6 . hac ceremonia sublata , manet fesium . at the time when the cloven tongues fell upon them , this like the Sabbath was the Jews Pentecost , not the Christians ; for it answered to the Easter that the Jews had then last holden , not to that our Saviour kept , being the day before the Jews . So that neither of these Feasts seem to be begun in the Apostles time , but rather by their next successors ; yet Saint Paul , 1 Cor. 16.8 . saith , I will tarry at Ephesus till Pentecost , for a great door and effectuall is opened unto me , and there are many adversaries : as though he desired at that great Feast , to take the opportunity to publish the Gospel , and confute his adversaries .

CAP. XXIX .

How Appropriations began .

MAny things are notoriously wicked in conclusion , whose beginnings are not suspected : so hath it hapned in Appropriations . The Livings that belong to them , were first given for the maintenance of the Church & her family , that is , Ministers and poor people . In the Primitive Church the Bishops disposed them accordingly , but the burden growing in time too great for them , the Parsons were themselves trusted to doe it every one in his own Parish . Then divers religious men , as Abbots , Priors , single Deans and Prebends , that had advowsons to them and their successors , perceiving this , began first to collate themselves to those Churches , and for lucres sake were contented in their own persons to doe the divine service thereof ; and finding sweetnesse in it , as enjoying thereby the whole fruits of the Benefice . Every successor did the like , and by that means kept the Living perpetually in their owne hands , without any favour , or thanks of , or to the Ordinary ; at length to avoid the multiplicity of Institutions and Inductions , they easily obtained licence of the King and Ordinary ( sometimes of the Pope himself ) that without these usuall ceremonies , they and their successors might be perpetuall Incumbents , and take the profits of those their Benefices . In old time whilest these Churches were in the Clergy-hand , they were called Appropriations , because they were appropriate to a particular succession of Church-men ; now they are called Impropriations , for they are improperly in the hands of Lay-men .

But thus Churches became first appropriate , yet onely unto such as were meerly spirituall , and might in their own person minister the sacraments and divine service . But shortly after Deans and Chapters obtained like licenses to them and their successors , who being a Body corporate , consisting of a multitude , could not jointly perform this function , and in particular none of them was tied unto it . Then was it devised , that by their common seal ( which is the tongue of their Corporation ) they might appoint a Deputy or Vicar to doe it for them ; which invention gave the wound unto the Church , whereof she bleedeth at this day .

By these examples , Abbots , Priors , single Deans and Prebends , that before served God in their own persons , learned also to doe it now by Vicars and Substitutes , and so like faithlesse shepheards left their flocks to carelesse pages , themselves minding nothing but the benefit of the Livings . And this device being once a foot , the very Nuns and Prioresses ( that could by no means administer these holy rites ) laid hold thereof , and being religious persons obtained also the same Licences : all of them pretending that with great fidelity they would see that performed effectually to the Church and poor , that those Livings were at first ordained unto , Divine service , and Hospitality . By this window crept the Vicars into Churches , who for the most part were some of the Monastery , whereunto the appropriation belonged ; till the statute of 4 H. 4. cap. 12. provided , That in every Church so appropriate , a secular person be ordained Vicar perpetuall , Canonically institute and induct in the same , and convenably indowed by the discretion of the Ordinary , (1) to doe divine service , (2) and to inform the people , (3) and to keep hospitality there — and that no Religious be in any wise made Vicars , in any Church so appropriate , &c.

Thus came Vicars to get a lock out of the Parsons fleece , which though it were a very poor one , yet was it in some sort proportionable to the deserts and quality of such heardmen , insomuch as then they were single men , as well as simple Clerks ; but yet notwithstanding they were thus indued before this Statute , for in the Synod holden at _____ for the Province of Canterbury , Anno 1222. ca. 18. it was ordained , that lesse should not be assigned to a perpetuall Vicar then five marks a year in rent , which in the proportion that the rents of that time hold to this , cannot be lesse then 30l or 40l a year .

So that the Appropriation of a Parsonage was no more at the first , but a grant made by the Pope , &c. to an Abbot , Prior , Prebend , or some other spirituall person , being a Body politique and successive , that he and his successors might for ever be Parsons of that Church , that is , that as one of them died , his successors might enter into the Rectory , and take the fruits and profits thereof , without further trouble of admission , Plowd . 500. institution , or induction ; which upon the matter , was no more but to doe that briefly at one cut , that otherwise might and would in length of time be done at severall times , as to admit , institute , and induct the whole succession of a religious body politique at once , whereas otherwise every successour must have had a particular institution and induction ; and therefore every such successour during his time , was as perfect an Incumbent , as if he had been particularly instituted and inducted : but when the succession failed , then it was again presentative as upon the death of an ordinary Incumbent : and by extinction of the House , dissolution , cession , or surrender of the House and Order , the appropriation is determined , and they are now again presentative : Dier Plowd . 497. for the appropriation is but as a stop in a run , Manwood 501 which being taken away , the former right renueth .

What alteration then did the Statute make of them ? did it make them lay , or temporall Livings ? no , the words of the Statute are , That the King shall have them in as large and ample manner , as the Governors of those houses had them , &c. So that though the Statute changed the owner of the thing , yet it changed not the nature of the thing . The Monasticall persons had them before as spirituall Livings , and now the King must have them in as large manner , but still as spirituall Livings : and with much more reason might the King so have them , then any other temporall men ; for as the Kingdome and Priesthood were united in the person of our Saviour Christ , so the person of a King is not excluded from the function of a Priest , though as Christ being a Priest , medled not with the kingdome , so they as Kings , medle not with the Priesthood . Yet by the Laws of the Land the King is composed as well of a spirituall body politique as of a temporall , and by this his spirituall body he is said to be supream Ordinary , that is , chief Bishop over all the Bishops in England , and in that his Ecclesiasticall or Spirituall authority , doth many things , which otherwise in his temporall he could not doe ; and therefore the Statute of 25 H. 8. cap. doth agnise the words , In this part of his power W made Appropriations of Parsonages , which otherwise he could not doe . Coke p. 5. f. 10 authoritate nostra regia Suprema & Ecclesiastica qua fungimur , which the King useth in divers Charters touching spirituall causes , doe testifie , that he taketh upon him the execution thereof : and therefore in this respect he may much better hold them then his lay subjects . Neither is this authority of the King founded upon the Statute of H. 8. or any other puisne institution , but deduced anciently from the very Saxon Kings , as appeareth by many of their Laws , and Charters , wherein as supream Ordinary they dispose of the rights , and jurisdiction of the Church , delivering unto religious persons , greater or lesser portion thereof , according to their own pleasure , and abridging and exempting other from the authority of the Bishops , and Archbishops , or any other Ecclesiasticall Prelate . And in this respect it seemeth that the Chappell of the Kings house was in ancient time under no other Ordinary , then the King himself ; for William the Conquerour granting all exemption to Battail Abbey , granteth that it shall be as free from the command of any Bishops , as his own Chappell . Dominica Capella , which as it thereby seemeth was under no other Bishop then the King himself .

But the Bishops agreed to the granting away of these Church Livings . Object .

It is true , that the Law accounteth the judgement of the major part , to be the judgement of all : but the Bishops cannot be said to have agreed unto it , as being willing with it , but as concluded by legall necessity and inference . For though all the Bishops said nay , yet the Lay Barons by reason of their number exceeding the Bishops were not able to hinder it : and no man doubteth , that in publique suffrages , very many times , major pars vincit meliorem ; therefore I neither accuse , nor condemn the reverend Bishops herein : for their voices , though they had given them every one against the Bill , were not able to hinder it . Neither doe I think but that they being men of another profession , unexercised in the elenchs of the Law , were overtaken in the frame of words , and thereby passed that away in a cloud , which if they had perceived could never have been won from them with iron hooks . But in this matter , there being a question of Religion ; Whether Tithes be due jure divino , or whether they could be separated from the Church ; it was not properly a question decidable by the Parliament , being composed wholly of Lay persons , except some twenty Bishops , but the question should first have been moved amongst the Bishops by themselves , and the Clergy in the Convocation house , and then being there agreed of according to the Word of God , brought into the Parliament . For as the Temporall Lords exclude the Bishops when it commeth to the decision of a matter of bloud , life and member : so by the like reason , the Bishops ought to exclude the Temporall Lords , when it commeth to the decision of a question in Theology ; for God hath committed the Tabernacle to Levi , as well as the kingdome to Juda : and though Juda have power over Levi , as touching the outward government , even of the Temple it self ; yet Juda medled not with the Oracle , & the holy Ministery , but received the will of God from the mouth of the Priest . Therefore when Valentinian the Emperour required Ambrose to come and dispute a point of Arianisme at his Court , he besought the Emperour , that he might doe it in the Consistory amongst the Bishops , and that the Emperour would bee pleased not to be present among them , lest his presence should captivate their judgements , or intangle their liberty .

§ 1 That after the Appropriation , the Parsonage still continueth spirituall .

It appeareth by that which is afore shewed , and the circumstances thereof , that the Appropriating of a Parsonage , or the endowing of a Vicarage out of it , doe not cut the Parsonage from the Church , or make it temporall , but leaveth it still spirituall , as well in the eye of the Common Law , as of the Canon Law ; for if it became temporall by the Appropriation , then were it within the Statute of Mortmain , and forfaited by that very Act. But it is agreed by the 21 Ed. 3. f. 5. and in Plowd . Com. fo . 499. that it is not Mortmain , and therefore doth continue spirituall ; for which cause also the Ordinary , and Ecclesiasticall Officers must have still the same authority over such appropriate Churches , as they had before those Churches were appropriate .

Therefore in the year 1252. Robert Bishop of Lincoln by commission from Innocent 4. not onely enlarged the endowments that before were made , to divers Vicarages , ( as he thought good ) but endowed others out of those Appropriations that had no Vicarages endowed to the great discontentment of all the Approprietaries of that time , as appeareth by Matth. Paris . And therefore also the Statute of 15 R. 2. cap. 6. and that of 4 H. 4. cap. 12. that ordained , that in Licences of Appropriation in the Chancery it should be contained , That the Bishop of the Diocesse in every Church so appropriated , should provide by his discretion that the Vicar were convenably endowed , Divine service performed , and a convenient portion of the fruits thereof yearly distributed to the poor of the Parish , did but agnise and affirm the spirituall end whereto these Parsonages were appointed , and the authority the Church had still over them , notwithstanding such Appropriation , commanding the Bishops to see it executed . Neither doe I yet finde , where this power is taken from the Bishops , for the Statute that giveth these appropriate Churches to the King , saith not , that the King shall have them as temporall lands , or discharged of the Bishops jurisdiction , but that he shall 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 more generall , includeth also the second ; and if the very carkasses of the Monastery persons had been worth the having , might well enough have fetcht them in also . Therefore though after these generall and spacious words , there followeth a grant of divers particular things , as Sites , Circuits , Granges , Meases , Lands , Tithes , &c. yet I take this to be but an enumeration of the things in specie , which before are granted in genere ; for if the generall words have not carried them , as the body carrieth the members , then it seemeth these particulars doe not carry them , for they are granted but as Appurtenances to the said Monasteries , and Houses , for the words be , Sites , Circuits , Lands , Tithes , &c. appertaining or belonging to every such Monastery ; words in my understanding onely of explanation and restraint , and not trenching to the enlargement of the grant .

So that upon the matter the Parliament hath granted Tithes and Appropriations to the King , if they belonged unto the Monasteries , and not otherwise . Let us therefore see whether they belong or not .

§ 4 Whether Tithes and Appropriations belonged to the Monasteries , or not ?

Abbots , Priors , and such religious men had two sorts of Tithes ; one incorporate to their Houses , which I call Monasticall Tithes : the other depending upon their function , as they were Parsons of any Parish , which therefore I call Parish Tithes . 1. The first of these came unto them , as their very lands did , by plain point of Charter ; for before the Lugdune and Lateran Councels , every man might bestow his Tithes upon what religious House person he listed : and then the founders and benefactors of religious Houses did ordinarily grant all or some portion of their Tithes to those Houses , as by a multitude of precedents thereof of appeareth . Neol . Fossard dedit an . 1081. Aldwino Abbati de Ramsey , viz. Deo , &c. Ecclesiam de Bromham & terram ad duas carrucas & decimas trium villarum , & de duobis molendinis & totā decimam de propria aula . Liber MS. Ramsey pag. 240. From hence it rise that the Monasteries had so many portions of Tithes , or rents for them ( which we call Pensions ) out of so many severall and remote places of the kingdome ; and therefore all these Tithes ( how unjustly soever they were conferred upon them ) were de corpore Monasterii , and passed undoubtedly to the King . 2. But the other sort , that is , Parish Tithes , belonged onely to the Parson of the Parish , by reason of his function , and incumbency ; which function , though by act of Appropriation , it were collated upon these religious men , yet did it not invest the property of those Tithes in their Monasteries , but made their persons capable of them by reason of that their function , for without their function of being Ecclesiasticall persons , they could not have them , being forain unto them , as I may tearm it , and not domesticall , as belonging to their house , or monasticall , as belonging to their conventuall body .

§ 5 In what sort they were granted to the King .

Though the Parliament hath power to dispose temporall inheritance , and to make Lawes to binde the rights of subjects , yet it is confessed by the Books of the Law themselves , that it can establish nothing against the law of God ; and therefore if Tithes be in the Clergy by the Law of God , as before we have shewed , then can they not be pulled from him by any law of man . Neither hath the Parliament as it seemeth attempted to doe it , but insomuch as they were misemployed by the Clergy of that time , therefore the Parliament took them from them , and gave them to the King , not in any new course of property , or to be enjoyed by him as his temporall inheritance : but to be his in as large and ample manner ( saith the Statute ) as the Governours of those religious Houses — had or ought to have the same . Now it is apparent , that the Governours of religious Houses , neither had them , nor ought to have them , otherwise then to the service of God , and benefit of the Church .

§ 6 To what end they were granted to the King .

This point dependeth upon the precedent , for the end why they were given unto the King , is declared by the manner of giving them unto him . Therefore though the Statute saith , To have and to hold — to his Majesty , his heirs , and their own wils , to doe and use therewith , his and their own wils ; yet lest their wils should decline from the due employment of them ( as the religious persons did ) therefore the Statute addeth these words , to the pleasure of God , and to the honour and profit of this Realm . So that the King had not the things themselves simply , but in such manner onely as the religious persons had them , and that being but to the service of God , and benefit of the Church , the King could have them in no other manner then for the service of God , and benefit of the Church ; and then to the words subsequent in the Habendum , viz. to doe and use therewith their wils , is no more , then if we should say , That the King , &c. should have them to dispose of in the service of God and of his Church , according to his own will and wisdome ; which the words annexed plainly intimate , appointing unto the King by what bounds and marks hee must walk in disposing of them , namely so , as may be to the pleasure of God , and the honour and profit of the Realm . But it cannot be to the pleasure of God , that his Ministers should be defrauded ; nor to the honour and profit of the Realm , that the service of God should be hindered , or neglected , and therefore the King must have and hold them to those purposes , and to none other .

And that the King was not deceived in this kinde of construction of the Act of Parliament , it appeareth by a Declaration made by himself freely in an Oration of his unto the Parliament , Anno 37. of his reign , where he saith , — I cannot a little rejoyce , when I consider the perfect trust and confidence , which you have put in me , as men having undoubted hope , and unfeigned beleef , in my good doings and just proceedings ; for you without my desire or request , have committed to my order and disposition all Chauntries , Colledges , Hospitals , and other places specified in a certain Act , firmly trusting , that I will order them to the glory of God , and the profit of the Common-wealth . Surely , if I contrary to your expectation should suffer the Ministers of the Church to decay , or Learning ( which is so great a jewell ) to bee minished , or poor and miserable to be unrelieved , you might well say , that I being put in so speciall a Trust , as I am in this case , were no trusty friend to you , nor charitable to my even Christian , neither a lover of the publique wealth , nor yet one that feared God , to whom account must bee rendred of all our doings . Doubt not I pray you , but your expectation shall bee served more Godly and Goodly , then you will wish or desire , as 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 this done in the heat and agony of zeal then privily enflamed on all parts against the Romish religion , insomuch as other inconveniences and enormities likewise followed thereon , as in Ed. 6. the burning of many notable Manuscript Bookes , the spoiling and defacing of many goodly Tombes and Monuments in all parts of the kingdome , pulling down of Bels , Chancels , and in many places of the very Churches themselves .

Moses for haste broke the Tables of the Law ; and these inconveniences in such notable transmutations cannot be avoided , some corn will goe away with the chaffe , and some chaffe will remain in the corn ; mans wit cannot suddainly , or easily sever them . Therefore our Saviour Christ foreseeing this consequence delayed the weeding out of the tares from the wheat , till the Harvest was come , that is , the full time of ripenesse and opportunity to doe it . Besides , light and darknesse cannot be severed in puncto , the day will have somewhat of the night , and the night somewhat of the day : the religion professed , brought something with it of the religion abolished , and the religion abolished hath somewhat still that is wanting in ours ; and neither will ever be so severed , Discipline in genere , according to the Primitive Church , not in specie as they use it . but each will hold somewhat of the other : no rent can divide them by a line . When the children of Israel came out of Aegypt , they brought much of the Aegyptian infection with them , as appeareth in the Scripture , and they left of their rites and ceremonies among the Aegyptians , as appeareth in Herodotus . Therefore as Moses renued the Tables that were broken through haste , and time reformed the errors of religion amongst the Israelites : So we doubt not but his M ty , our Moses , wil still proceed in repairing these breaches of the Church , and that time by Gods blessing wil mend these evils of ours . I will not take upon me like Zedechias to foretell , having not the spirit of prophecy , but I am verily perswaded , that some are already borne that shall see these Appropriate Parsonages restored to the Church : let not any man think they are his , because Law hath given them him , for Tully himself the greatest Lawyer of his time , confesseth , that , Delegibus . Stultissimum est existimare omnia justa esse quae sita sint in populorum institutis aut legibus , Nothing to be more foolish then to think all is just that is contained in the Laws or Statutes of any Nation . Experience teacheth us , that our own Laws are daily accused of imperfection , often amended , expounded , and repealed . Look back into times past , and we shall find that many of them have been unprofitable for the Common-wealth , many dishonourable to the kingdome , some contrary to the Word of God , and some very impious and intolerable , yet all propounded , debated , and concluded by Parliament . Neither is this evill peculiar to our Country ; where hath it not reigned ? Esay found it in his time , and proclaimeth against it , Wo be unto you , that make wicked Statutes , and write grievous things . ●at . in M. Anton. per servos , per vim , per latrocini●m . So Tully and the Roman Historians cry out , that their Laws were often , per vim , & contra auspicia impositae reipublicae , by force and against all religion imposed upon the Common-wealth . God be thanked we live not in those times , yet doe our Laws and all Laws still , and will ever in one part or other taste of the cask , I mean of the frailty of the makers . It is not therefore amisse ( though happily for me ) to examine them in this point , if they be contrary to the Word of God , for I think no man will defend them , they leave them to be a Law . God cannot be confined , restrained , or concluded by any Parliament , let no man therefore ( as I say ) think that he hath right to these Parsonages , because the Law hath given them him ; the law of man can give him no more then the law of Nature , and God will permit . The Law hath given him jus ad rem , as to demand it , or defend it , Vi. Na. Br. 14. s . 369. Jus perfectum cum possideatur in promiss . imperfectum dum non possideatur premiss . in action against another man , it cannot give him jus in re , as to claim it in right against God . Canonists , Civilians , and common Lawyers , doe all admit this distinction , and agree , that jus ad rem est jus imperfectum , right to the thing is a lame Title , they must have right in it , that will have perfect Title . The Law doth as much as it can , it hath made him rei usufructuarium , but it cannot make him rei dominum , the very owner of the thing . The books of the Law themselves confesse , that all Prescriptions , Statutes , Doct. & Stud. li. 1. c. 2. s . 4. a. and Customes against the law of Nature ( or of God ) be void and against Justice .

§ 9 That the King may better hold Impropriations , then his Lay Subjects .

No man by the Common law of the Land can have inheritance of Tithes , unlesse he be Ecclesiasticall , or have Ecclesiasticall jurisdiction . Lord Coke part 5. Rep. fol. 15. and Plowd . fol. So that he which hath Ecclesiasticall jurisdiction , though he be no Ecclesiasticall person , yet by the ancient Law of the Land , he may enjoy Tithes : and this concurreth not onely with the Canon Law , but seemeth also to be warranted by the example of the Provinciall Levites , who medled not with the Temple , and yet received their portion of Tithes , and other Oblations , as well as those that ministred in the Temple . But it plainly excludeth all such as be meerly Lay from being capable of them ; let us then see by what better Title the King may hold them .

As the head cannot give life and motion to the divers members of the body , unlesse it hold a correspondency with them in their divers natures , and compositions : So the King , the head of the politique body , cannot govern the divers members thereof in their severall constitutions , unlesse he participate with them in their severall natures ; which because they are part Lay , and part Ecclesiasticall , the jurisdiction therefore whereby he governeth them , must of necessity have a correspondent mixture , and be also partly Lay , and partly Ecclesiasticall ; to the end that from these divers fountains in the person of his Majesty , those divers members in the body of the kingdome may according to their peculiar faculties receive their just and competent government . My meaning is not , that a Prince cannot in morall matters govern his subjects professed in religion , unlesse himself doe participate with them in some portion of their spirituall vocation : Rom. 13.1 . 2 Pet. 2.13 . for I see that the Apostles themselves were therein subject to the Heathen Princes , and gave commandement to all Christians in generall , Oportet nos ex 〈◊〉 parte quae ad hanc vitam ●ertinet , subdi●os esse potestatibus , i. homininibus res humanas cum aliquo honore administrantibus . in li. ex pos . quarundum propositinum . ex Ep. ad Rom. that they likewise should doe the same ; and thereupon S. Austin saith , that in those things that concern this life , wee must be subject to them that govern humane things . But my meaning is , that a temporall Prince cannot properly dispose the matters of the Church , if he have not Ecclesiasticall function , and ability , as well as Temporall ; for I doubt not but that the government of the Church , and of the Common-wealth , are not only distinct members in this his Majesties kingdome , but distinct bodies also under their peculiar heads , united in the person of his Majesty , yet without confusion of their faculties , or without being subject the one to the other . For the King , as meerly a temporall Magistrate , commandeth nothing in Ecclesiasticall causes , neither as the supream Officer of the Church doth he interpose in the temporall government : but like the common arch arising from both these pillars he protecteth and combineth them in perpetuall stability , governing that of the Church by his Ecclesiasticall jurisdiction , and that of the Common-wealth by his temporall . For this cause , as Moses was counted in sacerdotibus , Psal . 99.6 . though he were the temporall Governour of the people of Israel , so the Laws of the Land have of old armed the King , persona mixta , medium , or rather commune quiddam inter laicos & sacerdotes : and have thereupon justly assigned to him a politique body , composed as well of Ecclesiasticall jurisdiction , as temporall , like to that of David , Jehosaphat , Hezekias , and other Kings of Juda , who not onely in respect of their Crown , led the Armies of the people against their enemies : but as anointed with the holy oyle , ordered and disposed the very function of the Levites , of the Priests , and of the Temple , as you may read in their severall lives in the books of the Kings and Chronicles .

But the Kings of England have proceeded yet further in the gradations of Ecclesiasticall profession , as thinking it with David , more honourable , to be a door-keeper in the House of God , then to dwell in the tents of the ungodly , that is , to execute the meanest office in the service of God , then those of greatest renowne among the Heathen and Infidels . Therefore they have by ancient custome even before the Conquest , amongst other the solemnities of their Coronation , not only been girt with the regall sword of Justice by the Lay Peers of the Land , as the embleme of their temporall authority , but anointed also by the Bishops with the oyle of Priesthood , as a mark unto us of their Ecclesiasticall profession and jurisdiction . And as they have habenam regni , put upon them , to expresse the one , so also have they stolam sacerdotii , commonly called vestem dalmaticam , as a Leviticall Ephod , to expresse the other . The reasons of which , if we shall seek from the ancient Institutions of the Church , it is apparent by the Epistle of Gregory the great , unto Aregius Bishop of France , Ep. l. 7. c. 111. that this vestis dalmatica , was of that reverence amongst the Clergy of that time , that the principall Church-men , no not the Bishops themselves , might wear it without licence of the Pope . And when this Aregius , a Bishop of France , requested that he and his Archdeacon might use it , Gregory took a long advisement upon the matter , as a thing of weight and novelty , before he granted it unto them . But 22. years before the time of Edward the Confessor , ( unto whom those hallowed vestures happily did belong , with which his Majesty was at this day consecrated ) these dalmaticae , Propter solennitatem Sp. S. Diaconi dalmaticis induantur . Idem Decr. p. distinct . 76. le Jejunio . otherwise called albae & stolae , were by the Councell Salegunstadiens . cap. 2. made common to all Deacons , and permitted to them to be worn in great solemnities , which the Kings of England also ever since Edward the Confessors time , if not before , have always been attired with in their Coronations .

And touching their unction , the very books of the Law doe testifie to be done , to the end , to make them capable of spirituall jurisdiction , for it is there said , that Reges sacro oleo uncti sunt spiritualis jurisdictionis capaces ; the Kings being anointed with the holy oyle are now made capable of spirituall jurisdiction . This ceremony of unction , was not common to all Christian Kings , for they being about Hen. 2. time , 24. in number , onely four of them besides the Emperor were thus anointed , namely , the Kings of England , France , Jerusalem , and Sicil.

The first English King as far as I can find , that received this priviledge was Elfred or Alured , the glorious son of noble and devout Ethelwolphus King of West-Saxony , who about the year of our Lord 860. being sent to Rome , was there by Leo 4. anointed and crowned King , in the life of his father , Witlasius Rex Merciorum subditus Ethelwolphi regis West-Sax . Coronat . Ingolf . 856. l. 56. and happily was the first King of this Land that ever wore a Crown , whatsoever our Chroniclers report ( for of the 24. Kings I speak of , it is affirmed in ancient books , that only four of them were in those days crowned . ) But after this anointing , Alured ( as if the Spirit of God had therewith come upon him , as it did upon David being anointed by Samuel , ) grew so potent and illustrious in all kindes of vertues , as well divine as morall , that in many ages the world afforded him no equall : zealous towards God , and his Church , devout in prayer , profuse in alms , always in honourable action , prudent in government , victorious in wars , glorious in peace , affecting justice above all things , and with a strong hand reducing his barbarous subjects to obedience of Law , and to love equity ; the first learned King of our Saxon Nation , the first that planted literature amongst them ; for himself doth testifie in his Preface to Gregories Pastorall , that there were very few on the South-side Humber , but he knew not one on the South-side of the Thames , that when he began to reign , understood the Latine Service , or could make an Epistle out of Latine into English , &c. He fetched learned men from beyond the Seas , and compelled the Nobles of his Land to set their sons to school , and to apply themselves to learn the Laws and Customes of their Country , admitting none to places of Justice without some learning , nor sparing any that abused their places , for unto such himself looked diligently . He divided the Kingdome into Shires , Hundreds , Wapentakes , and them again into Tithings and free Bourghs , compelling every person in his Kingdome to be so setled in some of those free Bourghs , that if he any way trespassed , his fellows of that free Bourgh answered for him .

The memory of this admirable Prince carrieth me from my purpose ; but to return to it , his successors have ever since been consecrated , and thereby made capable of spirituall jurisdiction , and have accordingly used the same in all ages , and thought by the Pope to be so enabled unto it , that Nicholas 2. doubted not to commit the government of all the Churches of England unto Edward the Confessor , as by and by we shall more largely declare . And the Kings of France being so likewise consecrated ever since the time of Clodoveus , aliàs , Ludovicus , whom Saint Remigius Bishop of Rheimes , both baptized and anointed about the year of our Lord 500. have from time to time , in all ancient ages exercised the like Ecclesiasticall jurisdiction : insomuch that Clodoveus himself being but newly entred into is , doubted not to appoint a Councell at Orleans , and to call thither the Bishops and Clergy of France , but out of the motion of Priestly minde , ( to use the very words of the Councell ) commanded the Priests , ( meaning the Bishops ) to assemble there for debating necessary matters , which in his own consideration he had advised upon , and delivered to them in heads and titles ; and they having answered thereunto , and framed the Canons of that Councell , accordingly did submit them to his judgement , and desiring if it approved them , himself for greater authority would confirm them . Tom. 2. Concil. pag. 309. in rescripto Synodi .

The Kings of Jerusalem and Sicil , were also anointed and endowed with Ecclesiasticall authority , whereof we shall speak more anon : for the right of both these Kingdomes resideth at this present upon the Kings of Spain , who till the same came unto them , were neither anointed , nor crowned ; and though since that time , they have been dignified with both these Prerogatives , yet are they not so illustrious in them , as in the Kings of England and France , for that these are ancient Kingdomes , raised by their own power and prowesse , and those other of lesse continuance , erected by the Pope , and not absolute , but Feodaries of his Sea . And touching that of France also , the meer right thereof resteth upon his Majesty of England , though de facto , another for the time possesseth it : So that in this point of unction , our Soveraign the King of England is amongst the rest of the Kings of Christendome , at this day Peerlesse and transcendent ; and well therefore might William Rufus say , that himself had all the liberties in his Kingdome which the Emperour challenged in his Empire . Mat. Paris .

But I wonder , why the Papists should so considently deny the Kings of England to be capable of spirituall jurisdiction , when Pope Nicholas 2. of whom wee spake before in an Epistle to King Edward the Confessor , hath upon the matter agreed , that it may be so ; for amongst other priviledges that he there bestoweth upon the Church of Saint Peter of Westminster then newly founded by that vertuous King ; He granteth , and absolutely confirmeth , that it shall for ever be a place of Regall Constitution and Consecration , — and a perpetuall habitation of Monkes that shall be subject to no living creature , but the King himself , free from Episcopall service and authority , and where no Bishop shall enter to give any orders , &c. Tom. Concil. part 3. pa. 1129. a.

In which words I note , first , that the Kings of England in those ancient days , being before their Coronation meerly Lay persons , were by their consecration made candidati Ecclesiasticae potestatis , and admitted to the administration thereof ; for to what other purpose was Consecration ordained , but to make secular things to belong unto the Temple , and Lay persons to become sacred and Ecclesiasticall ? like Jacobs stone in the time of the Morall Law , which presently upon the anointing thereof became appropriate to the House of God .

Secondly , he plainly maketh the King head of this Monastery , that is , of the place it self , and of all the persons and members therof , which then by consequence he might likewise be of all other Ecclesiasticall persons and places through the whole Kingdome . And even that also he granteth in a sort in the end of his Epistle , Vobis & posteris vestris regibus committimus advocationem & tuitionem ejusdem loci , & omnium totius Angliae Ecclesiarum , ut vice nostra cum concilio Episcoporum & Abbatum , constituatis ubique quae justa sunt . So that if the Kings of England be pleased to execute this Ecclesiasticall authority as the Popes Vicar , then by this his Charter they are invested therewith ; and peradventure the Clergy of Rome can never revoke it , being granted posteris regibus : and the Epistles of the Popes , being as Barclayus saith of Nich. 1. to Michael the Emperour , as an Ecclesiasticall Law , Lib. de potest . Papae . ca. 2. pag. 13.

But in the mean time it is hereby evident , which I endeavour to prove , that the Kings of England are justly capable of spirituall jurisdiction by the Popes own confession , for which purpose onely I here alledge it . And to give more life to the matter , it appeareth by Baronius , that Pope Vrbane the granted not onely as much in the Kingdome of Sicil to the King of Spain , being the anointed King thereof , but added also to that his Ecclesiasticall jurisdiction , divers branches of spirituall power belonging meerly to the keys , and not to the sword , that is , to the very function of a Bishop , as namely , that of Excommunication . All which , though Baronius impugneth mainly to be of no validity , because that all things are void , ( he saith ) that the Church doth against her self : yet the King of Spain both holdeth , and exerciseth this function and jurisdiction onely by the connivency of the Pope , but defended therein by Cardinall Ascanius Colonna , against Baronius .

But to leave forain examples , and to goe on with our domesticall precedents ; It is manifest by other ancient Authorities , Charters , and Manuscripts , that the Pope thereby granted no more to King Edward and his successors , then the same King , and his Predecessors , before assumed to themselves . For this Epistle could not be written to S. Edward , before the end of his reign , ( Nicholas not being Pope till then ) and in the Laws of the same King , before that time published , himself doth plainly declare himself to be , Vicarius summi Regis , not summi pontificis : yea , and that in the government of the Church . For the words of his own Law , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . cap. 17. be these — The King because he is the Vicar of the highest King , is appointed to this purpose , that he should rule his earthly Kingdome , and the Lords people : and should above all things worship his holy Church , and govern it , and defend it against them that would wrong it , and to pull the evill doers out of it , &c. So that write the Pope what he will , S. Edward here taketh upon him to have the rule and government of the Church of England ( committed to him from God , and not from the Pope ) and to be Gods Vicar , not the Popes : wherein he imitated his predecessors ; for King Edgar speaking of the government of the Church , saith in plain tearms , that it belonged to himself , ad nos ( saith he ) spectat . And because Casaubon in citing this place out of the Manuscript , is charged by Parsons to falsifie it , and that it is , or should be on the contrary , ad vos spectat , scil. Ecclesiasticos : give me leave to defend that worthy man being now dead , in whose behalf I must avow that the originall is plainly ad nos , and not ad vos ; which lest it should seem either mistaken , or questionable , King Edgar himself doth manifestly clear it , both by deeds and words : for of his own authority he removed generally the Clerks of that time , that were not professed , out of the Monasteries , and placed in their rooms , Monks and regular persons , as appeareth by his owne words , in his Charter of Malmesbury . ( Malmsb. pag. 58. l. 17. ) And also in the foundation Book of the Abbey of Winchester , written all in golden letters , wherein likewise he prescribeth the rules for the government of the religious persons there , and saith , that himself will look to the Monks , and that his wife Aelfthryth shall look to the Nuns . And lest it should seem that he had done this rather out of the will of a Prince , then by just authority , Hoveden , and Historia Jornalensis , doe testifie , that he did it by the advice and means of Ethelwould , Bishop of Winton , and Oswald , Bishop of Worcester . So that the very Clergy of that time , agnised , executed , and affirmed his jurisdiction herein : which I will close up with a materiall sentence out of his Charter in Glastenberry , extant in Malmsbury de gest . Reg. li. 2. pag. 57. where the words be these , Concessit etiam ( scil. Edgarus ) ut sicut ipse in propria , ita totius insulae causas , in omnibus tam Ecclesiasticis quàm secularibus negotiis , absque ulla ullius contradictione Abbas & Conventus corrigeret , that is , King Edgar granted , that the Abbot & Covent of Glastenberry should correct ( or amend ) all causes , as well Ecclesiasticall as secular , within the whole Isle of Glastenberry , as himself did within his own Isle , namely , of England . So that the King here denounceth , that himself hath the correction or ordering of all Ecclesiasticall causes within this his Isle . And in further declaration thereof doth by that his Charter by and by after prohibit all Bishops from medling within the Isle of Glastenberry : and lest he should seem to doe a new thing , he closeth it up with this apology , That his predecessors , Cemwines , Ines , Ethelardus , Cuthredus , Elfredus , Edwardus , Ethelstanus , Edmundus , had all of them done the like ; and he might have added out of Bede , l. 2. c. 7. that Cenwalch King of West-Saxon , of his own authority divided the Sea of Agilbert his Bishop , being a French man , and of another language , which he understood not , and gave one part thereof unto Winus a man of his own Nation , which though he were afterwards compelled by necessity and discontent of Agilbert to reunite , yet his successor Inas , divided them again , and then they so continued . Hen. Huntington l. 4. pa. 33. l. 49.

It is true , that ad majorem cautelam , King Edgar required John 12. to confirme these priviledges , lest any , as he saith , should in future time , either take them away , or throw out the Monks , but himself had first done it of himself ; and the vigor that the Pope added to it , was rather a fortifying of it with a curse against robbers , and spoilers , then an enlargement of the validity thereof , as quickning thereby a livelesse body . For so likewise may the Popes own authority be disputable , insomuch as he also required the generall Synod , then holden at Rome , Anno 965. ( as Malmsbur . saith ) to confirm it . But the fashion of those times was , that secular Princes sought sometimes to have their temporall Laws confirmed by the Pope with a curse against the breakers thereof , as did Howell Dhae , for those his Laws of Wales ; and in like manner was it usuall for Councels and Synods to seek the confirmation of their Canons from temporall Princes , as did that of Orleans before spoken of from Clodoveus , and the Councell of Toledo _____ from Euricus , who made a speciall Law for establishing it , as you may see in the Laws of the Wisegothes , l. 12. tit . 1. ca. 3. ut sic gladius gladium adjuvaret .

It may be objected , that Edgar being the great King of this whole Isle , ( for he styled himself totius Albionis basileus ) might usurp upon the Church , and doe these things rather in the will of a Prince , then by just authority . It is manifest partly by that which I said before , but plentifully by his Charters , that the Clergy of that time were so far from denying , or repining at this his jurisdiction , that they affirmed and subscribed unto it , as appeareth in his Charters . And how large soever his Dominion was , his humility was as great , for though in matters of government he carried himself as the head Officer of the Church , yet in matters of faith he was so obedient , that to expiate his incontinency with a Nun , he threw himself at the feet of Dunstan his Bishop , submitted himself to seven years penance , and presumed not to be consecrated till the 14. year of his reign .

But these things were no novelties either in the person of Edgar , or in the Princes of those ages ; for the minor Kings themselves within the orbs of their own Dominion used the like jurisdiction , as you may perceive by those cited by Edgar , in the Charter of Glastenberry , and by many other in particular Charters of their own . Yea , the Kings of Mercia that were but vassals , and underlings to the Kings of West-Saxony , within the limits of their little Kingdome used the same plenitude of authority , as appeareth by the Charter of Kenulphus , who lived about the year 850. made to the Abbot of Abingdon , wherein he saith , — Sit autem praedict' rus liberum ab omni regali obstaculo , & Episcopali jure , in sempiternum aevum , ut habitantes ejus nullius regis aut ministrorum suorum , Episcopive aut suorum officialium jugo deprimantur , sed in omnibus rerum eventibus ac defensionibus causarum Abbatis Abbindenensis , Monasterii de caetero subjiciantur , Term. Trinitat . 1 H. 7. f. 18. b. And it is there said by the Judges , fol. seq. b. that many Abbeys in England , had larger words then these in the Kings Charter , as , Omnimoda justitia & quicquid regales potestates conferri possunt .

To leave the Saxon Kings , and to come to the Normans , that we may see by what channell this fluent of authority hath been deduced to his Majesty . Lanfranc Archbishop of Canterbury , in the Conquerours time , would have given the Abbotship of S. Augustines , but the new King , ( saith the book ) i. William the Conquerour , did deny it , saying , that he would conferre all Pastorall Staves in his Realm , and would not conferre that power to any whatsoever . Govern you ( saith he ) that which appertaineth to faith and Christianity among the Monks , but for their outward service , you shall let me alone with that .

You see here , that the King doth not in covert manner , or by little and little , creep into Ecclesiasticall jurisdiction , but with an absolute resolution , whilest he yet stood as it were but upon the threshold of his Kingdome , and might justly fear some notable transmutation in discontenting his Clergy , the halfe arch of his Kingdome , even then hee forbare not to contest with them upon points of jurisdiction , confining theirs unto matters of faith , and extending his own to the uttermost limits of the outward government of the Church . But because his hand and his seal doe more authentically enforce credit , then the report of Authours and Historians , see what he assumeth in his Charter of foundation of the Monastery Sancti Martini de bello , commonly called Battail Abbey , for that he built it ( as Romulus did the Capitol ) in the place where he overcame his enemies . In this Charter he granteth that , That Church shall be free from all servitude , and from all things whatsoever mans invention can imagine , — and commandeth therefore that it be free from all government of Bishops — neither shall the Bishop of Chichester , though it be in his Diocesse , make any Ordinations there , nor grieve it in any thing , nor execute any kind of government , or authority there ; but that it be as free ( saith he ) from all his exactions , as my own Dominicall ( or Demesne ) Chappell . The Abbot shall not be compelled to goe to the Synod , nor forbidden to promote his Monks to holy Orders , where himself listeth ; nor he , or his Monks to require what Bishop they will to consecrate Altars , &c. And this also by my Regall authority , — I ordain , that the Abbot shall be Lord and Judge of all things in his own Church , and within one league round about it , &c. see the Charter at large . Here it appeareth , that this victorious King Will . 1. took himself to have , Pallium Ecclesiasticae jurisdictionis , the fulnesse of Ecclesiasticall power ; and as the supream Magistrate thereof , not only abridgeth and revoketh the jurisdiction of other Bishops within this place , as of the Archbishop of Canterbury , and the Bishop of Chichester , but disposeth the same according to his owne pleasure , namely , to the Abbey of Battail , with so great enlargement of priviledge and authority , as no Bishop of the Kingdome hath the like . Free from all servitude , and from all things whatsoever mans invention can imagine , are exquisite words of priviledge , and how far they might stretch at those times , ( when the profession of our Laws was not a science ) into Regall , or Canonicall jurisdiction , I cannot judge : but I know by Staffords case , 1 H. 7. f. 18. they will now bee restrained with many exceptions . So likewise , that the Abbot shall not be compelled to come at Synods , or to take Ordinations for his Monks , or Consecration of Altars , &c. from the Bishop of his Diocesse , Nec aliquis Episcoporum in Dioecesi collegā suum super-grediatur . Con. Carthag . c. 19. Burchard li. 1. ca. 64. are directly against the Decrees of the Church , Canons , Synods , and generall Councels . As also it is , that hee should be Judge of things in his own Church , and the circuit assigned , which though here it bee but a league , I see not , but he might as well have made it ten , if it had pleased him , and by consequence a County , or Province . And lest the King should seem to have done this by some indulgence from the Pope , or connivency of his own Clergy , he saith expresly , that he doth it by his Regall authority , and that not closely , or under-hand , but Episcoporum & Baronum meorum attestatione . And to declare how far the Clergy of that time was from repining or impugning this his jurisdiction , the Archbishop of Canterbury , the Bishops of Chichester , Winton , and Worcester , are witnesses to the Charter , and denounce a curse against the breakers thereof . One other thing also is worthy of note , that the Kings Demean Chappell , seemeth by this , not to be within the jurisdiction and Diocesse of any Bishop , but exempt and as a Regall peculiar reserved onely to the visitation and immediate government of the King , or such as it pleaseth him to substitute ; for the Archbishop of Canterbury hath no jurisdiction there by his own confession , ut pat. Hoveden l. 4.7 . pa. 547.

William Rufus in like manner told Anselme Archbishop of Canterbury , that no Archbishop or Bishop of his Kingdome should be subject to the Court of Rome , or to the Pope , — Quòd nullus Archiepiscopus vel Episcopus regni sui ( saith Mat. Paris . ) curiae Romanae vel Papae subesset . And because Anselm asked leave of him to fetch his pall from Pope Vrbane at Rome , — hanc ob rem ( saith Mat. Paris . ) à rege majestatis reus postulatur ; he is called in question of High Treason , and Gundulphus Bishop of Rochester , and very many other Bishops approved the accusation ; In vita Will . 2. p. 17. & 18. Malmsbery reporteth that his offence was for appealing to the Pope in matters between the King and him ; but he agreeth that all he had was confiscate , and himself banished by consent of the Bishops ; and he addeth further , that being after recalled into the Kings favour , upon a new difference between the King and him , he appealed the second time to Pope Vrbane , and without the Kings licence would go thither , for which cause his whole Bishopricke and goods were reseised into the Kings hands , and he exiled . And though the Pope threatned to excommunicate the King , if he restored him not , and the Councell then holden at Rome , stormed much at the matter , yet Anselm continued in that plight during the lives both of the King and the Pope .

Malmsb. de gest . Pontif. li. 1. pa. 221 , &c.

FINIS .