The larger treatise concerning tithes long since written and promised by Sir Hen. Spelman, Knight ; together with some other tracts of the same authour and a fragment of Sir Francis Bigot, Knight, all touching the same subject ; whereto is annexed an answer to a question ... concerning the settlement or abolition of tithes by the Parliament ... ; wherein also are comprised some animadversions upon a late little pamphlet called The countries plea against tithes ... ; published by Jer. Stephens, B.D. according to the appointment and trust of the author.

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Title
The larger treatise concerning tithes long since written and promised by Sir Hen. Spelman, Knight ; together with some other tracts of the same authour and a fragment of Sir Francis Bigot, Knight, all touching the same subject ; whereto is annexed an answer to a question ... concerning the settlement or abolition of tithes by the Parliament ... ; wherein also are comprised some animadversions upon a late little pamphlet called The countries plea against tithes ... ; published by Jer. Stephens, B.D. according to the appointment and trust of the author.
Author
Spelman, Henry, Sir, 1564?-1641.
Publication
London :: Printed by M.F. for Philemon Stephens ...,
1647.
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Subject terms
Tithes.
Cite this Item
"The larger treatise concerning tithes long since written and promised by Sir Hen. Spelman, Knight ; together with some other tracts of the same authour and a fragment of Sir Francis Bigot, Knight, all touching the same subject ; whereto is annexed an answer to a question ... concerning the settlement or abolition of tithes by the Parliament ... ; wherein also are comprised some animadversions upon a late little pamphlet called The countries plea against tithes ... ; published by Jer. Stephens, B.D. according to the appointment and trust of the author." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A61092.0001.001. University of Michigan Library Digital Collections. Accessed May 29, 2024.

Pages

Page 93

CAP. XXI. In what right tithes are due: and first of the law of na∣ture.

VVE have said in our definition, that they be due unto God: now we are to shew by what right, and to prove it. First, therefore, I divide Tithes into two sorts, Morall, and Leviticall; Morall, are those which were due to God before the Law given in the time of nature. Leviticall, are those nine parts assign∣ed 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. Mo∣rall tithes were paid by man unto God, absque praecep∣to, 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 Ce∣remoniall 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 law∣fully 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 expe∣ctant to the Donor, and consequently their issue fai∣ling, and the consideration and services being extinct and determined, the thing granted is to revert to the

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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 be∣long 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.

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