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.
Spelman, Henry, Sir, 1564?-1641., Stephens, Jeremiah, 1591-1665., Bigod, Francis, Sir, 1508-1537.

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 Scrip∣tures, 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 sittest 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 for beare 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 Domino, and not grave tenenti, so much as Page  9 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 lit∣tle. 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 there∣fore 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 especial∣ly to be chosen thereunto; therefore God in the Crea∣tion 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 sin∣gular 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 whe∣ther 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 retributi∣on 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 be fitting the same.

Page  10The first place in Scripture wherein a Priest is men∣tioned 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 posui in titulum erit Domus Dei, & omne quod dederis mihi decimas prorsus dabo tibi; wherein it seemeth the Pri∣mitive Church at that time followed the translation then in use: for Damasus in the life of Euaristus Bi∣shop of Rome, Anno 112. saith, Hic titulos in urbe Roma divisit Presbyteris, Tom. Concil. 1. pag. 106. And speak∣ing* after of Dionysius, who lived Anno 260. he saith,—Presbyteris Ecclesias divisit, & coemeteria, Parochiasque & Dioeceses constituit. Tom. Concil. 1. pag. 206. Thus Church and Tithe went together in their first Institu∣tion.

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 there∣fore let them also say, whether they be ex Jure divino; I mean Churches and Priests before the Law and Gospel.