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.

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 particu∣lar 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 perfor∣med, 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 se∣verely 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 particu∣lar. 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 re∣served 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 in∣to 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 peo∣ple.

Therefore he saith, When ye shall divide the Land for in∣heritance, 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 in∣stitution 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 Isra∣el that they give unto the Levites of the inheritance of their pos∣sessions 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 out∣ward 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 S^t. 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 S^t. 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 de∣votions of their brethren. So that it is apparent both by the Law of God, and Nature, that God must have one por∣tion 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 de∣termined, 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 dome∣sticall cattell. They must not be pulled from God with se∣cular 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 contem∣plative life must be under their owne command, and solita∣ry. 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 al∣lotted 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 habita∣tion 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 livest 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 Levi∣ticall 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 ha∣bitations, 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 habi∣tation, but if the Cities appointed were not sufficient to yeeld an habitation for every Levite, then might they as∣signe 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 humano, but the earth is the Lords ex jure divino. 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 divino. In this right Christ calleth the Temple the house of God, and saith also, My house shall be an house of prayer. And S^t. Paul saith; Despise ye the house of God? So that,* 1.1 doubtlesse, God must have houses for his service in all places where we inhabite. But Christ had not whereon to lay his head, Mat. 8. 20. Luke 9. 18. therefore the Mini∣sters must have no houses provided for them: for the disciple 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 likewise must the Ministers that at∣tend upon the Vineyard of the Church, have their habi∣tations in it. S^t. Paul appointed it so, when he comman∣deth 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 habi∣tations? 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 so∣journe 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 Sa∣viour 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 them∣selves should choose among the children of the Gospell. Doeth this differ from the Commandement of provi∣ding Cities for the Levites? Doubtles, no: for as the Logi∣tians say, Conveniunt in eodemtertio. 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 husban∣dry, 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 Mi∣nisters. And so still the conclusion is, they must be pro∣vided 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 im∣plements of sustenance with them, because he would put them absolutely upon the care and charge of the con∣gregation, 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 en∣ter, 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 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

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.

The 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* 1.2 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.

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 Apo∣stles; as in the Churches of Jerusalem, Alexandria, Rome, and Africa. How the Clergy had their allowance given them, weekly, or monethly, per sportulas, in bas∣kets. 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.

VVHilest the Church was in her foundation, shee had no other maintenance, then the poor pri∣vate purse of our Saviour, supported onely by the almes and contribution of his poor Disciples and fol∣lowers; for as himself had no house to live in, so had* 1.3 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 mira∣culously, Mat. 17. 27. while the beasts of the Land with∣held their devotion from him unnaturally; but what∣soever it was that his Godhead blessed his Manhood withall, he divided it, as appeareth in the Gospel of Saint John, 13. 29. into two parts; one for the suste∣nance of his family, the other for relief of the poor. Touching the part assigned to his family, it was not cu∣rious, nor superfluous, no not at the great feast of Easter, when others were so sumptuous, and profuse, his rule

was then, to buy the things they had need of. And tou∣ching 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, barly loaves: another time, Mat. 15. 34. but seven* 1.4 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 rema∣net 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 Mi∣nister and poor. Thus much doth Augustine also declare upon the place alledged out of Saint John, Tractat. 62. Habebat Dominus loculos, &c. Our Lord had his treasury* 1.5 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: hol∣ding it therefore not fit for them, aut in imis consistere, sed nec in mediis, they reached at the highest garland of per••ection: 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 suste∣nance with his fingers, then to diminish this blessed portion, by taking his due share out of it. Yea, the on∣ly 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

all other) did our Saviour lay the first stones in the foun∣dation 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 to∣gether, 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* 1.6 so precisely established, that he thereby drew all Chri∣stians to follow his example; insomuch that Philo Ju∣daeus, a famous Author of that time, reporteth that not onely there, but in many other Provinces the Christi∣ans lived together in societies, and he calleth even then their habitations 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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* 1.7 wholly to Prayer, singing of Psalms, to matter of do∣ctrine, and to temperance.

Come lower down. Dionysius Corinthius in an Epistle to Soter Bishop of Rome, in the year of Christ, 170. con∣gratulateth with him, that the Church of Rome still con∣tinued 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 Ro∣mans, have diligently preserved the Romans custome insti∣tuted by the Fathers; which also your Bishop, the blessed Soter, hath hitherto kept very diligently; and by his labori∣ous industry wonderfully advanced: not onely in distribu∣ting 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 te∣stifieth, 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 trea∣sury 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 plea∣seth himself, bestoweth what he things 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 glut∣tony, 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 Chri∣stian 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 conversa∣tion, 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 Go∣spel he tried his children with ten grievous persecuti∣ons; by reason whereof the Clergy then aspired so generally to the crown of martyrdome, that they pre∣pared 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 ab∣stinence, fasting, thin cloathing, going sometimes bare∣foot, denying all things to every sense, that it particu∣larly delighted in, applying themselves wholly to Pray∣er 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 a∣bundantly 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 a∣rise chiefly (as appeareth by Tertullian, Origen, Cyprian, and others) out of the oblations of the people, benevo∣lences, 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 E∣pistle of Cyprian ad clerum, lib. 4. Epist. 5. to every Priest particularly. The manner how this was performed, ap∣peareth 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.* 1.8 Col. 6. Vt de oblationibus quae offeruntur à populo, & con∣secrationibus quae supersunt, vel de panibus, quos deferunt fideles ad ecclesiam, vel certè de suis: Presbyter convenienter partes incisas habeat in vase nitido, & convenienti, ut post missarum solennia, qui communicare non fuerunt parati, Eu∣logias omni die Dominico, & in diebus festis exinde accipi∣ant, quae cum benedictione prius faciat. Ex codice quin∣to librorum, lib. 2. c. 117.

And Cyprian in the place above cited, p. 126. Caeterum Presbyterii honorem designasse nos illis jam sciatis, ut et spor∣tulis iisdem cum Presbtyeris honorentur, & divisiones mensurae aequalis quantitatibus partiantur: whereby it appeareth that the Priests at this time (which was a∣bout the year 240.) had every man his allowance delive∣red monthly per sportulas; that is, by baskets, whereup∣on 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 bas∣ket, sometimes particularly for a Market basket, or pan∣yer, and because the use among the Romans was to cast their Market money into this basket, therefore that ve∣ry 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 vi∣sit them. Martial. lib. 1. Ep. ad Flaccum.

Dat Bajana 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 un∣der the name of limen primum, 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 be∣stowed on them: which allowances being afterwards too niggardly abridged, Domitian (as Suetonius in his life, cap. 7. reporteth) sportulas publicas sustulit, revocata coena∣rum rectarum consuetudine, which Martial also remem∣breth in an Epigram to Domitian l. 8.

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

Sportula nuptialis, signified the wedding feast or pro∣vision;

Coelius Rhodiginus Antiq. lect. l. 28. c. 24. apud A∣puleium sportulas legimus nuptiales, quippe (inquit) ita placuerat, insuburbana villa potius ut conjungeremur, ne ci∣ves denuò ad sportulam convolarent.

Sportula convivalis is described also by Coelius, lib. 27. cap. 24. Eranon (inquit est) quod pluribus differtum occum∣bentibus sit; sed ita ut ferat sibi unusquisque quod edat, quod etiam 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 distribu∣ted 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 presbyter is ho∣norentur.

What this sportula contained I cannot declare, but A∣lexand. ab Alexand. Genial. dier. lib. 5. cap. 24. speaking of the Roman sportula publica saith, In qua frequens obso∣nium panis, oleum, & porcina caro dari solita est, abs{que} vi∣no; and Domitius in his Comment. on the first Satyr. of Iuvenal, much more fully, ex sportula omnia sibi coeme∣bant, que & 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, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 Ex∣chequer or Treasury hath thereupon the name of Fi∣scus: which word as appeareth by Ascanius, is all one with sportula. Fisci, fiscinae, fiscellae (saith he) sportea sunt* 1.9 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 cal∣led, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, a Canistro,* 1.10 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, and Constantine, where it* 1.11 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 distribu∣ted 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 (ap∣pointed 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 o∣pinion of Origen a Father of those times, who in his 16. Homily upon Genesis, disputeth it to be utterly un∣lawfull 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 there∣fore exhorting others to joyn with him in Reformati∣on 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 mind∣full of the poor; and because it is written, The Lord hath appointed that they which preach the Gospel, should live* 1.12 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 thir∣sty, and naked, and which suffer necessity in secular af∣fairs. 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 fal∣leth 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 plenti∣fully are now fallen into necessi••y. Neither must we mi∣nister 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 〈◊〉〈◊〉 have somwhat of their own to maintain them∣selves 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 sa∣lutaribus, 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 ••. 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 ac∣cording unto judgement; and so become rich by that which belongeth unto the poor; they are the Exchan∣gers whose Tables Christ will overthrow. For the A∣postles in their Acts teach us, that the Deacons are Go∣vernours of the Tables of Ecclesiasticall moneys, (or Re∣venues) &c. and again after,—unusquisque diaconorum. Every one of the Deacons which gather wealth to themselves by defrauding the poor, let them now so un∣derstand this Scripture, that they gather no more, lest the Lord commeth upon them, and overthrow the Ta∣bles 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 per∣son 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 wi∣dows, persons banished for Religion, or imprisoned, Captives, and Christians any way distressed. So that the Church exposing all this while the dugs of her pie∣ty 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 ma∣ny 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 peo∣ple 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 miracu∣lously 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 pos∣sessions, 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 law∣full 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 me∣dicinall 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 Go∣spel; they should receive an 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 ene∣mies 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 por∣tions for them in earth, whose inheritance was in hea∣ven, and that had God himself fortheir portion. There∣fore Prosper a godly Father of that time, whose authority* 1.13 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 pro∣vide 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 ap∣plieth the place in the 1 Cor. 9. 14. What is it to live of the Gospel, but that the labourer should receive his ne∣cessaries from the place wherein he laboureth? And a little before him, Hierome also in his Book De vita Mo∣nach. Cler. instituenda—saith, If I be the Lords part and* 1.14 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 na∣ked, 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 up∣on Esay 1. Tom. 2. In officio clericatus lucrum non pecuni∣arum, 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 We∣stern 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 Apo∣stolum sic dicentem, Habentes victum & tegumentum his contenti sumus. Quòd si contentus istis minime fuerit, con∣vertat autem res ecclesiae in suos usus domesticos, & ejus com∣moda vel agrorum fructus, non cum Presbyterorum conscien∣tia, diaconorumque pertractet, sed horum potestatem dome∣sticis 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 qua∣libet Ecclesiastica facultate sibimet usurpent, ita ut ex hoc af∣sligantur 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 su∣mus; having food and raiment let us be therewith con∣tented. 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 tou∣ching Priests, as the words subsequent imply: and as A∣chilles Statius expoundeth it, pag. 14. for the Priests at that time had nothing but by the assignment of the Bi∣shops: 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: ap∣plieth 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 damna∣tionis 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 ear∣nestly labour as we ought to doe, against those sins, by industry of prayer and preaching?

For the next Ages of the church, what the Authour* 1.15 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 him∣self 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 M^r Selden in his Hi∣story, 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 Li∣ons (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 fol∣lowing 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 sanctis patribus publicè praedicatum: nulla enim compulit necessitas, fervente ubi∣que religiosa devotione, & amore illustrandi ecclesias ultro aestuante, &c.

Concerning giving of goods, and endowing of churches, nothing hath ever been decreed in Coun∣cels, nothing publickly promulgated by the holy Fa∣thers, for no necessity required it, the religious devoti∣on, and love of beautifying the churches every where

abounding of their owne accord. At first religious* 1.16 christians sold all their lands, goods, houses, and pos∣sessions, 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 fol∣lowing prudently observeth: How many things in the beginning both of the Law and Gospel, were admit∣ted, 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 com∣pelled 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 A∣ges so exactly and carefully as afterwards they were e∣nacted 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, pul∣led down Churches, robbed Bishops, and Colledges, overthrew schools of learning, and committed all sorts of wickednesse: and afterwards they set their face a∣gainst 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, especi∣ally because he did not restore the Tithes to the Cler∣gy, 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 vio∣lence 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 au∣thority 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 ecclesi∣arum 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 pra∣ctice 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 M^r Selden; and those phrases must needs refer back to an∣cient times. So Boniface an Englishman, Bishop of Ments, in an Epistle to Cuthbert Archbishop of Canter∣bury (Spelman Concil. p. 241.) speaketh of some negligent and unworthy Ministers that did receive Tithes and profits, but did not carefully perform their duties: wher∣by it appears that Tithes were then paid, though some unworthy men received them. And though the ori∣ginall 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 shew∣eth, 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 in∣stituted by Moses about the Tabernacle, Num. 1. The second by David about the Temple. In the first the Le∣vites were appointed over the Tabernacle and the in∣struments 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* 1.17 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 incese∣cups, the goblets, and coverings to cover it with, and the bread that shall be thereon continually, v. 7. the* 1.18 Candlestick, with the Lamps, Snuffers, Snuffe-dishes, and the oyl Vessels thereunto belonging, v. 9. the gol∣den Altar for incense, v. 11. and the instruments where∣with

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 ap∣point what part every man should bear, v. 19.

The Gershomites were 2630. men, Num. 4. 40. under* 1.19 the hand of Ithamar the Priest, the other sonne of Aa∣ron. Their office was to bear the curtains of the Taber∣nacle, and the Tabernacle of the congregation, his cove∣ring 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* 1.20 also, and they had in charge the boards of the Taberna∣cle* 1.21 with the barres thereof, and his pillars, and his sock∣ets, 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 recko∣ned 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 Aa∣ron 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 * 1.22 Josephus explaineth it) was from one sabbath to another, therefore the Greek translation calleth these turns or courses, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 & 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which Theophylact saith is, hebdomia, a week: Hereupon Zacha∣rias 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 A∣suppim, 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 Tem∣ple) v. 22. and the other to keep the dedicate things, v. 26 & 28. But I finde that the Treasury was divi∣ded 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. * 1.23 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. Josephus counteth the Levites of this kinde with* 1.24 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 ap∣pointed 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 there∣fore 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, name∣ly, 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 Taberna∣cle, 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 deli∣vered from bearing the burden of the Law, and ceremo∣nies thereof.

Though this distinction of Templar and Provinci∣all* 1.25 Levites may seem new to some men, yet it is plain∣ly

grounded upon the Text, and is very materiall to be observed for many purposes. At first whiles the num∣ber of the Levites and Priests was not very great, they all attended at the Tabernacle at Shilo, first, or else∣where: But when the Temple was built by Solomon, and that Tribe greatly encreased, they attended by cour∣ses, (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 in∣to 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 Chronolo∣gers.

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 nobili∣ty 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 s••••erdotes, ideoque primis seculis, ex illis, ut eruditioribus Senatus 70. virûm legi maxime solebat. Gro∣tius 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 con∣troversie they shall stand in judgment, & they shal judg accor∣ding 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, than there was 3. Courts of Justice in that king∣dome; 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 prin∣cipall 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: for we* 1.26 read that Zechariah a Levite was a wise Counsellor. And Benaiah a Priest, son of Jehoiada, was one of Da∣vids* 1.27 twelve Captains, being the third Captain of the Host for the third month: and in his course consisting of 2400. was his son Amizabad: Benaiah was also one* 1.28 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 be∣sides Sigonius, Bertram, Casaubon, Moulin, and divers o∣thers, the learned Hugo Grotius, in his Annotations up∣on 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 al∣lotted 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 sin∣gular blessing, to be divided in Jacob, and scattered in Is∣rael,* 1.29

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 gover∣ned, as this learned Authour sheweth fully in his Glos∣sary 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 Episco∣pus Comiti, nam in hunc illi animadvertere saepe licuit & er∣rantem cohibere: idem igitur utrique territorium, & ju∣risdictionis terminus: Glossar. Spelman.

The Bishop and Earl of the County were joynt Ma∣gistrates in every Shire, and did assist each other in all causes and Courts; and so M^r 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 in∣tolerable clashing in all Courts, by injunctions, prohi∣bitions, consultations, and crosse orders to the great vex∣ation 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 Con∣quest, which was imitated here by William the Conque∣rour, whose statute is recited and illustrated by Spelman in his Glossary and Councels, and lately also publish∣ed by Lord Cook, lib. 4. Institutes, cap. 52. But the further proof hereof will require more then this place, or occa∣sion will bear: onely thus much was necessary to be

mentioned and asserted in regard of explication and re∣ference 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 Hun∣dredo, &c. & Concilia passim.

CAP. VIII. The great account made of Priests in the old Law, and be∣fore.

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: for as Origen saith, naturall wisdome requi∣red* 1.30 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 ho∣nour 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 e∣ven

in the beginning. Cain (for ought that here appea∣reth 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, that the* 1.31 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 un∣spoken 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 wh••at, in a field of thistles) God had his servants, who from time to time, and age to age, tradu∣cing 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 seem∣eth then to be ordinarily, though the Scripture men∣tioneth 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, and thereby of Priesthood) from the* 1.32 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.

VVHen 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 Mi∣nister, but not to bind the Minister to live so, and no o∣therwise; 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 com∣mandement 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 li∣berty and power granted to the Disciples. They might both use and exact it, if they would, or they might dis∣cedere 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 appea∣reth that our Lord commanded not in such sort, as they* 1.33 which preached the Gospel, might not live otherwise then by that that was ministred unto them by them to whom they preached it: for then (saith he) the Apo∣stle did against this commandement, that got his li∣ving 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 other∣wise 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. re∣porteth it, Nothing save a staffe onely. Saint Augustine* 1.34 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 authori∣ty, as if the speech had been, Take no kind of necessa∣ries 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 noble∣nesse

of their mind also that would depend upon no bo∣dy; 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 refor∣med afterward.

AS Painters in the beginning of their work, use rude colours, and unperfect lines, for their present dire∣ction; 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, i•• is necessary for the point in hand to shew some examples thereof.

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

Touching the first point; plurality of wives was for∣bidden,* 1.35 yet after Lamoch 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 accep∣ted 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* 1.36 for a time; for when the Law was given, the wheeles

thereof could not presently fall into their course. Cir∣cumcision 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 circum∣cise 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 offe∣red, 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 wil∣derness of Sinai, God then reviving that commandment, Numb. 9. 1. &c. After by Joshua at Gilgal beyond Jor∣dan, 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* 1.37 by Moses assigned to the Tabernacle; the Priests to

the Altar, but both of them confusedly without distin∣ction, 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 intermis∣sion, 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 com∣mandement, Numb. 21. 6. yet when the people burnt in∣cense 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 sanctifi∣ed, 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 Apo∣stles themselves are compelled to the same necessities.

First, to admit many ceremonies abolished, for if they* 1.38 struck at them all at once, they drive all the Jews from the doctrine at once; again, if they imposed them up∣on 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 strang∣led, 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. ••1. 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 Naza∣rite,* 1.39 he is purified, and he is shaven (as one already) at Cenchrea, Act. 21. 26. and 18. 18.

Thus the Apostles applied themselves to the necessi∣ty 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* 1.40 establishing of the Church, must needs be omitted; the main matters they uphold unto death, but the seconda∣ry 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 re∣sorted 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 Vine∣yard, 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 peo∣ple* 1.41 sequestred from all other, and at union amongst themselves, and having no publique nor potent adver∣sary 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 im∣peached 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 e∣very 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 ser∣ved must be added or amended; the Iudaicall ceremonies that for many years together were permitted in the cra∣dle 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 E∣pistle to the Hebrews, beateth them down for ever.

Thus as old branches be cut off, so some new be in∣graffed; the Lords day, the Feasts of Easter and Whit∣sontide, 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,* 1.42 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 govern∣ment 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 impor∣tance 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, Sa∣crifice, and Oblations, the Passeover, &c. and many other holy rites were suffered to sleep.

But some will say, God strictly exacted* 1.43 not these things till the place he had cho∣sen 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 like∣wise 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 Ma∣ry to seek the spirituall.

When the Kingdome 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 (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) 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 ta∣king of that was due unto him hinder the Gospel? because the malicious backbiters would thereupon re∣port that he rather preached it for gain, then of zeal, and so abased his authority in the Gospel, ib. 18. wher∣as 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 cer∣tainly 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 flight, always in persecution, much lesse could they look after Tithes, which also were not to be paid as they needed them, but at the times and pla∣ces onely, when and where they grew to be due, and ere 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 9. 32. one while at Lydda, ib. another while at Joppa, ib. v. 36. first at Jerusalem, af∣ter

at Antioch (in Syria) Gal. 2. 11. then at Babylon in Aegypt, * 1.44 1 Pet. 5. 13. Paul and Barnabas being at Antioch, aforesaid, or sent forth by the holy Ghost, first to Se∣leucia in Syria, then to Salamis and Paphus in the Isle of Cyprus; after from thence to Perga in Pamphilia, so to the other Antioch in Pisidia, Acts 13. after to Iconium, Lystria, Derbe, the parts of Lycaonia. So again, to Anti∣och in Syria, thence to Jerusalem, and presently back to the same Antioch, where Paul and Barnabas breaking company, Barnabas with Mark saileth to Cyprus; Paul taking Silas, travelleth through Syria and Cilioia, con∣firming the Churches. Then he commeth to the Coun∣tries of Phrygia, Galatia, Mysia; from whence being cal∣led 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, Theodoretus, and Sophronius the Patriarch of Jerusalem affirm, that after his first im∣prisonment at Rome he preached the Gospel to the Bri∣taines our Countrymen, for happily he might doe that at Rome. But to come to the rest of the Apostles, Bar∣tholomew (as Jerome witnesseth Catalog. script. Eccles. Tom. 1.) goeth to the Indians, Thomas to the Medes, Per∣sians, Hyrcanians, and Bactrians, Matthew up and down Aethiopia, every one of them one way or other, to carry the 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 Parso∣nage 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 fisco? how frō 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 fol∣low 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 saith 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 (wan∣ting 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 Mini∣sters

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 Congregati∣on 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 abun∣dantly 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 re∣quired of her.

Paul commandeth that the Bishops should be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,* 1.45 hospitales, 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 hea∣vens 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 peo∣ple 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 20^d. by a miracle out of a fishes mouth to serve his need with∣all, 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 Mi∣nisters.

CAP. XIII. Not to give lesse then the Tenth.

IF those that ministred without the vail of the Tem∣ple were worthy of the tenth part, how much more deserved they that minister in the Sanctuary? the Le∣vites 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 bur∣thens, prepare the wood, the water, fire, vessels, and in∣struments 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 transi∣tory 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 ceremo∣nies, therefore they received a more honourable porti∣on; 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 equi∣ty, compare them with the Leviticall Ministery, what proportion their deserts hold one to the other: surely though it be an axiome of Philosophy, yet it holdeth also in Divinity, that Eadem 〈◊〉〈◊〉 partium quae est to∣tius, 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 Aaeron, & the Ministra∣tion of the Gospel, then that of the Law, then much more excellent must the members 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 ordina∣ry ceremonies, and no further. Their paines much more laborious then the Levites, who neither* 1.46 were burthened with preaching, nor ser∣ved any where, but in the Temple at Je∣rusalem, 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 ra∣ther 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 function, and consequently deserve a more excellent reward; that have a great charge com∣mitted to them, and consequently much great travell and labour in performance thereof? The Levite travel∣led onely in body, but the Minister of the Gospel ••oth

in body and minde: he must not 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 flie about to seek and fetch home to his Parishoners the blessed olive branch of peace. He must be like Solomons Eagle, whose way is in heaven, there seeking food for his Parishoners: and like that Eagle (that God compareth himself unto, Deut. 32. 11.) that dresseth up her nest, floteth over her birds, stretcheth out her wings, taketh and beareth them upon her wings, (the feeble and sick souls of his Parishoners) always teach∣ing, comforting, strengthning, and confirming them committed to his charge; and thus 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, i. e. 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 according 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 Mini∣sters 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 pi∣ned and wasted herewith; for much reading (the holy Ghost saith it) is awearinesse 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 spi∣rituall 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 de∣nyed, because they are due originally to God, who assigned them over to the Levites in the old Testa∣ment; 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, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, quasi 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. capacem, saith Philo: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, à capiendo, because it comprehendeth all other kind of numbers, as more largely hereafter shall appear: 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 Teoða, i. e. the tenth: and Teoðan sceattas, tithes: of the verb Teo, i. traho, extraho, & Tiehð, 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.* 1.47 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;* 1.48

Decima est omnium bonorum mobilium licitè quaestorum pars decima Deo data, divina constitutione debita, (quae for∣te addit author vocabularii) ut colligitur de decim. Ca. 1. & ca. Parochianos, C. nonest. Ca. tua nobis § verum. C. non sit ab homine—vel, Decima est omnium bonorum justè ad∣quisitorum* 1.49 talis pars Deo debita.

This definition leads us first to examine why the* 1.50 tenth part, rather then any other should be yeelded un∣to God.

Secondly, out of what it is to be yeelded: all that we* 1.51 lawfully possesse.

Thirdly, unto whom it is to be rendred; unto God.* 1.52

Fourthly, in what manner it is to be rendred, viz. by* 1.53 way of thanksgiving.

Fifthly and lastly, upon what consideration it is to* 1.54 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 ac∣cording to mine own apprehension I observe two rea∣sons thereof, one Mysticall, the other Politicall. Tou∣ching the first, as Plato and the Pythagoreans 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. * 1.55 S. Au∣gustine 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 Fa∣thers, and not onely in the Old Testament and Ceremo∣niall Law, but in the New Testament also: Insomuch that I think there is not almost any number there men∣tioned, 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 re∣fused 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 re∣quire it.

It is said to signifie the first and the last, the begin∣ning and the end; it is finis simplicium numerorum, ini∣tium 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 A, & Ω▪ principium & finis; that is, it worthily representeth Christ who is Alpha and Omega, the begin∣ning 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 Tris∣megist, labouring to describe God by the most significa∣tive

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: mea∣ning 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. compre∣hendeth all numbers, and is it selfe comprehended in none of them, neither is there any number beyond it, but that riseth out of it. Decas (saith Saint Ambrose)* 1.56 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 A∣rithmetick, Geometry and Musick. Therefore Philo Ju∣daeus 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. capacem, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, à capiendo, quod capiat & amplectatur omnia genera nume∣rorum, rationum ex numeris collectarum, proportionum, har∣moniarum, rursus & concentuum, proprie appellasse, i. e. of taking or comprehending, for that it taketh or compre∣hendeth all kindes of numbers, of reasons gathered out of numbers, of proportions, harmonies and concordan∣ces. In this manner the number of 10. representeth un∣to us (as such things may) the nature of God, the per∣fectest, the greatest, comprehending all, and comprehen∣ded 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 re∣spects 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 let∣ters* 1.57 that begin his greatest and essentiall name, Jehovah; that is, •• & ••, 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 like∣wise signifieth the name of Christ; for commonly in ancient times, and to this day in many books it is so written, X', or X ^•, X ⁱ, X ^o, X ^m, for Christus, Christi, Christo, Christum: and in like manner for decimus, decimi, deci∣mo, 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, be∣cause 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 signifi∣tion. To come to the Arithmeticall figures that expresse it, which are the figure of 1, and the cyphero, 1 signifieth the same that Alpha doth in Greek, that is, one. The cypher o, presenteth to us, Omega, for Omega is no more but great O, and in ancient time was noted onely by cir∣cle, or cypher, and in effect still is: so that 10. in figures expresseth A and Ω. As A is the first letter in the Greek Alphabet, and Ω the last: so in the Alphabet of Arith∣metique, the figure of 1, is the first, and the cypher o, is the last; therefore in like respect the figures of this number of 10. signifieth the first and the last, the begin∣ning and the end. But as the cypher o, 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 with∣out 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 cha∣racters and figures; In all languages and with all Na∣tions 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 thou∣sands. Reddite ergo quae sunt Caesaris Caesari, & quae sunt* 1.58 Dei Deo. Give unto Caesar the things which are Caesars, and unto God, the things that are Gods.

All that we have belongeth unto him, yet is he plea∣sed to accept a part onely; but we must note further,* 1.59 that it is such a part as implieth the whole, because the whole is his. He loves not to have a piece of us sim∣ply, it must be such a piece as comprehendeth all in ef∣fect; 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 conse∣quently 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* 1.60 in like respect implieth the whole, as Philo Judaeus dis∣courseth it. And so also doth Saint Augustine expound it, and therefore thinketh that by the 10. horns in Dani∣el 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 (sig∣nificat) undenarius peccatum: quia transgressio est dena∣rii 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 num∣ber 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 Can••an, given by him to the children of Israel, and assigned that rent over to the Levites for their maintenance, yet out of that as∣signment, he reserved also a ••ithe, or tenth part, to be laid up in the chambers of the treasure house, to be offe∣red to himself, as it were thereby to hold his possession, and to keep seism 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 ac∣cepted

and taken by God, as the full seisin and satisfa∣ction for the whole; therefore he biddeth Moses say to the Levites,—Your heave-offering shall be reckoned unto* 1.61 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 Vine∣yards. 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 re∣maining 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 ful∣nesse it is fit that we render something back unto him, not by way of reward, but in honour of him. This num∣ber is also said to be the number of fulnesse, and to sig∣nifie the greatest things, wherein as numbers have their secreta and latebras, to use Saint Augustines words, so* 1.62 hath this number above all other a peculiar secret and blessing given unto it, as if God had marked it for him∣self; for as God in Hezekiah's time, blessed the offerings* 1.63 and tithes in abundance, so it seemeth the word abun∣dance, (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,* 1.64 and many other Authors doe affirm it: and to that pur∣pose 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 tu∣mor coeduus undae, the high swelling of the tenth wave:* 1.65 so likewise is it noted by Silius Ital. Lucan, Seneca.

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 ex∣tent, decumanum limitem; the greatest or chief gate in their Camp, decumanam portam; the greatest shields, de∣cumana scuta; and so likewise, decumanos fluctus, and de∣cumanaova, decumanū acipenserem: & upon the like reason* 1.66 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 se∣cret vertues of this number so superstitiously, as they canonized it among their gods by the name of Decu∣ma, as you may read in Tertullian, Gellius, and many o∣ther. 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, that he that* 1.67 should run into the Mathematicall powers and obser∣vations thereof, hath work enough for a large Vo∣lume. De ratione decimarum, & denario numero, pluribus

agit Philo lib. de congress. quaer. ernd. gratia.

X

Exprimit antiquis haec Christum littera 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 com∣monly 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, None or no man shall keep back his abun∣dance:* 1.68 And all men shall give the tithe of all the en∣crease. For it is an axiome in Logick, that, Indefinitum aequipollet universali, Indefinite propositions are equi∣valent 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 hea∣vens.

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 Abra∣ham, (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 Para∣mount, 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 Pa∣ramount, thus laid up in the treasury. We must under∣stand that the Treasury of the Temple was not particu∣larly

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 limitati∣on 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, widows, and strangers. Josephus expoundeth* 1.69 Corban, for the very gift it self offered by them that de∣dicated 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. Decimā Deo in pauperibus vel in ecclesiis donet, saith* 1.70 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; Oh, saith he, but they have not taken away his* 1.71 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 com∣mand my Sheriffes (saith Ethelstane) through my King∣dome 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, that Abraham before his name* 1.72 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. In the 27. Lev. All the tithe of the Land* 1.73 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 abun∣dantly; & 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 e∣numeratiō of what should be paid, they run upō the word

All; & without exceptiō, all whatsoever the ground yeel∣deth either by industry, or naturally, corn, wine, oyl, the fruits & increase of every thing, whether living or vege∣lative. 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. And the words in Nehe. [in all the Ci∣ties]* 1.74 seem to extend to the handy-crafts-men, for Citizens commonly occupy not fields, or husbandry, which is ra∣ther 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, Exod. 23. 15. for he hath shewed* 1.75 mercy upon all, and he will have some acknowledge∣ment 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 appa∣rell: 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 accor∣ding 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, others out of their* 1.76 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 tith∣able, for Abraham tithed it to Melchisedek, and thereof, if we may depart a little out of the circle of holy Scri∣pture into the Histories of the Gentiles, (who even by instinct of nature found this duty to belong unto God) we abound with examples thereof: as paid by Cyrus* 1.77 at the taking of Sardis; by Furius Camillus, upon the o∣verthrow of the Veians; by Alexander the great, upon his conquest of Arabia, when he sent a whole ship la∣den with frankincense for the Altars of his gods. But occasion to speak of these shall serve me better after∣ward, 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 sel∣ling, and the great improvement arising by merchan∣dise, is under this title both registred and commanded. I know not what the rich City of London doth in this

kind, but I read in Herodotus, that the poor Samians* 1.78 yeelded at one time sixe talents to that purpose, and that the Siphnians out of their silver and gold Mines sent* 1.79 so great a tithe to Delphos, as the richest man of that age was not more worth.

S^t 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 he liveth 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 ser∣vants 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 lon∣ger holy then while God was there: and by that reason a Church and an Ale-house are of like san∣ctity, for a man may preach in an Ale-house, and mini∣ster the Sacraments in an Ale-house, and occasion some∣times doth necessarily require it: And what is their rea∣son hereof? why, their reason is, that consecration of places, and of the implements belonging to the service of God were Leviticall ceremonies, and therefore end∣ed with the Leviticall Law. These men reason, as if be∣fore 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 him∣self leave the precepts of the Leviticall Law, and rea∣son 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 reve∣rence 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 ce∣remonies

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 de∣spise 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, of the rights and respect due. § 10.* 1.80 Of the three severall places, and three functions of the Tem∣ple: 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 Ascen∣sion, 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 ser∣vice, 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 ma∣king plates for the Altar, Numb. 16. 38.

And by this Scripture doth Huge and Origen reprove them that judge the works of an heretique to be bur∣ned without preserving the good things in them: and the Altar to be pulled down whereat 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 Go∣spel 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 infect∣ed by him that threw in the wilde gourdes, or collo∣quintida, Elisha the Prophet commanded them not to be cast away, but cleansing them from their infecti∣ous 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 infe∣ction, but take not their pottage (I mean their Tithes) from them.

Aristophanes bringeth in Hercules laughing to see effe∣minate* 1.81 Bacchus clad in the Lions skin: 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 main∣tenance of Gods service, and the Ministers thereof.

I can but wonder, what should move Flacius Illyri∣cus

(a man so conversant in the history of the Church) to affirm, that Tithes were lately extorted by the Popes;* 1.82 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 con∣sequently not at pleasure. (Concil. Matisconense. 2. c. 5. Anno 588. Tom. 2.) So that this Councell did but re∣vive 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 A∣postles, though little memory thereof remaineth in the Authors of those times. And shall we not beleeve the Fathers received such instruction from their el∣ders? 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 writ∣ten? 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 acti∣ons 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 men∣tion 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 Primi∣tive 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 Ig∣natius 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 Dio∣nysius Exigu. that lived within 400. yeares of the A∣postles, 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 of∣fered upon the Altar; adding further, that it was ma∣nifest 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 Ca∣nons 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 an∣tiquity of this Canon; for it appeareth, that the first usage was so, and that the Ministers had menstruam spor∣tulam, 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 Agrippinense, cap. 6. Anno 356. first de∣creeth, that Tithes shall be called Dei Census, Gods rent: and reciting that the third part thereof, as was decla∣red 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 excommu∣nication they commanded to be paid. Burchand. lib. 3. ca. 135.

Concil. Romanum 4. sub Damaso, about the year 375.* 1.83 amongst the Decrees thereof it is ordained, ut decimae at{que} primiti•• 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 Or∣der,

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 ••••e third part to be carried to the Bishop, and two parts to be for the Clerks. And of Tithes it saith, that accor∣ding 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 Bi∣shops 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; that* 1.84 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. con∣cludeth 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 8••3. That Bishops, Ab∣bots, and religious persons should pay them to Chur∣ches out of their possessions, and families where they baptized and received. Burch. lib. 3. ca. 132.

And Concil. Cavallon. c. 1. decreeth, that all Chur∣ches with their whole livings and tithes should bee wholly in the power of the Bishops, and to be ordered ••••d 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 con∣firmed it, and all the holy Doctors 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 in executing 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 devoti∣on, 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 Mi∣nister 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. Lo∣thar. Imp. Anno 847. sub Rabano Archiepiscopo qui scribit Ludovico. 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. Con••il. 5. Anno 1078. Tom. 3. saith, that Lay∣men upon pain of sacriledge, excommunication, and damnation, might not possesse Tithes, and Church li∣vings, though granted by Kings and Bishops, but must restore them.

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.

CAP. XXII. How far forth they be due by the Law of Nature.

VVHen I said by the Law of Nature, my mean∣ing is not to tiemy self to that same jus naturale, defined by Justinian, which is common to beasts, as well as to men. But to nature taken in the sense that Tully after the opinion of others, delivers it to be,—Vim rationis atquè ordinis participem, tanquam via pro∣gredientem* 1.85 declarantemque, quid, cujusque causa, res effi∣ciat, 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 re∣spect whereof it is also called the law of reason, and it is written in the heart of every man, by the instinct of* 1.86 nature, as Isidor faith, (not by any legall constitution) teaching and instructing all Nations through the whole world todiscern between good and evill, and to affect the one as leading to the perfection of worldly felicity,

and to eschew the other, as the opposite thereof. This is that law written in the hearts of the Heathen, made them to be a law unto themselves, as it is said, Rom. 2. 14. and by the instinct of nature, to doe the very works of the Law of God, with admirable integrity and resolution. This is that Law that led them to the knowledge of God that they had, whereby they con∣fesse him to be the Creator, supporter, and preserver of all things, seeing all things, knowing all things, and doing whatsoever pleaseth himself, to be omnipo∣tent, eternall, infinite, incomprehensible, without be∣ginning or end, good, perfect, just, hating evill, and e∣ver doing good, a blessed Spirit, and as Plato calleth him, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 thanksgi∣ving; but wanting graceto direct them above nature in the right ways thereof, they first swarved on one hand, then on the other, and at length they fell into their innumerable superstitions and idolatries; yet as they concurred with us in these fundamentall points of Christian confession, touching the nature of God, so did they likewise in the fundamentall course of serving and worshipping him; as by prayer, to crave blessings, by hymnes, to celebrate his praise; by oblations, to shew their thankfulnesse to him; by sacrifice, to make atonement with him for their sins and trespasses; by honouring and maintaining his servants, Priests, & Mi∣nisters, 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 be∣fore Plato almost 300. years: yet it is doubtlesse, that with their bloud and linage they deducted many par∣ticular rites and ceremonies from Noah and his Ne∣phews: 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 scri∣bit in cordibus hominum naturalem legem nisi ipse Deus? who writeth the law of nature in the hearts of men but God himself? and Calvin agreeth, that the know∣ledge* 1.87 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 ser∣vants? who taught them this, if not the very law of nature? Me thinks I hear some answer me, the Devill; and I must answer them, that it is true, the Devil taught them to pervert these notions, but it is God that wrote them originally in their heart, though the Devil hath choaked and corrupted them. But say that the Heathen learned these of the children of God, whence did the* 1.88 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 na∣ture 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 na∣ture, 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* 1.89 by the fruits of their devotion were made manifest, the Church and service of God maintained, and those that were in need and necessity, orphanes, widows, stran∣gers, 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 to∣wards 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, •• 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 fig∣nifieth 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 in∣vade this his right and inheritance, Knowledge (saith Malachi) belongeth to the Priest. Touching place, what should be assigned to the chiefest, but the chie∣fest? 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 Sanctu∣ary, and to the horns of the Altar, when he had offen∣ded, 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 Onca∣lus, or the morning, as Calvin; and take it in either of these senses, it may aptly discover the Judaicall Sab∣bath 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 recko∣ning, confession, and account; and like the great Or∣dinary and Bishop of his Church, denounceth against them the curse that their sins had demerited.

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

Again, these rights of honour are likewise prefigu∣red unto us in other examples, under the age of Na∣ture, 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 lo∣call place of his Church, and therefore out thereof he threw man, being accursed as a prophane and excom∣municate person. And as touching his portion of time, he figuratively shewed the seventh part of our age to be∣long 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 sa∣ved 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 propi∣tiatory 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 de∣vised 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 particu∣lar 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 af∣fected 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, there∣fore 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 on∣ly 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 Scri∣pture before the Law; Melchisedek Priest and King of Salem, and Revel or Jethro, Prince and Priest of Midian.* 1.90 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 li∣ved 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 scat∣tered 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 mentio∣ned in the Scripture concerning the same before the Leviticall Institutions, but it is particularly found a∣mong 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 fea∣sting 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 conse∣quently, 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 for∣mam 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 plain∣ly 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 appea∣reth 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 un∣to 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 pur∣sued 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, and prayed and praised God for him:* 1.91 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 acti∣on, as having nothing in it belonging to the Leviti∣call Law, and therefore a plain direction unto us how* 1.92 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 acti∣on was performed, Hebron, Dan, and Salem; Hebron, a place in Judah where Abraham dwelt afterward, one of the Leviticall Cities, from whence Abraham depar∣ted, when he went into this expedition. Dan, the ut∣termost limit of the holy land, whither Abraham pur∣sued his enemies, and there slew and chased them. Sa∣lem, the place where Melchisedek was King, which by reason of Josephus his mistaking it, is commonly ta∣ken* 1.93 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) bapti∣zed at Elim, besides Salem, because there was much* 1.94 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 righteous∣nesse, which Baptisme bringeth by washing away ori∣ginall sin.

The persons are, Melchisedek, Abraham and his con∣federates, 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 Scri∣pture neither sheweth his beginning, nor his ending. A Priest, not anointed with materiall oyle, after the ce∣remony

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* 1.95 Gentiles. His confederates, Mamre, Escol, Aner, Amo∣rites 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 march∣ing 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, bond∣men and free-men, the children of Hagar as well as Sarah. Their enemies are the idolatrous▪ Assyrtans or Babylonians, who spoil the people of God, and these Abraham pursueth, killeth, and chaseth beyond Dan, that is, out of the Church.

To apply and morall this to the Church under the Gospel▪ They that are the true children and consorts of Abraham, whether Hebrews or Gentiles, free or bond, who now are all alike, they must depart out of the Le∣viticall▪ ••ities, that is, the Ordinances and Ceremo∣nies of the Law: they must fight against the foure great Kings, the enemies of Lot, and of the children of God; Sin, Flesh, the World, and the Devill. So Hugo expoundeth them, they must chase and cast* 1.96 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 re∣pentance, even when they are asleep, and thereby seem to have surest possession of them. Having thus con∣quered,

Melchisedek, our Saviour Christ, will meet them in their return, but where? not till they come with∣in 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, he will* 1.97 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 Me∣diator 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 Gen∣tiles; 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. Melchi∣sedek gave bread and wine really, and we must also as Abraham did, give him the tithe really. And this tithe was not given to Melchisedek as a Leviticall duty, but as a duty belonging to God both before the Law, and in* 1.98 the time of the Gospel: for Melchisedek met not Abra∣ham with oblations and sacrifice, like a Priest of the Law, but with bread and wine, the elements of the sa∣crament 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 Abra∣ham: So that if Melchisedek in the person of Christ received tithe, then doubtlesse is tithe due unto Christ, and consequently to his Ministers.

This is the first place in Scripture wherein tithes be

mentioned, therefore some may think it the first time they were paid, but that is no argument; for so it is the first place where a Priest is mentioned, yet no doubt Priests were before. Noah performed the Priests office when he built an Altar, and offered of every cleane* 1.99 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 re∣vealeth 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 A∣braham: 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 con∣fecrate the tithe of the spoil unto their gods, or to be∣stow it upon their Priests. I read in Ovid, that Bac∣chus 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 A∣braham

either heard of it, or took it for a Precedent, that cannot I tell.

Te memorant Gange totoque oriente subact•• Primitias magno supposuisse Jovi. Cinnama tu primus captivaque thura dedisti, Deque triumphato viscera tostabove. Fastor. li. 3.

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. Romulus made the like vow for building the* 1.100 Temple to Jupiter Feretrius upon Mount Palatine. Ta∣tius and Tarquinius upon Tarpeius. William the Con∣querour 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 na∣ture 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 there∣of, 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 disper∣sed it; for the use of paying tithes even in those first ages of the world was generall, as hereafter shall ap∣pear. But Iacob doth not here bargain and conditi∣on 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

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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. And though Saint Augustine saith, that the ex∣amples* 1.101 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 confir∣med 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 abro∣gated by any Law, but confirmed also by all the Fa∣thers 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 San∣ctuary, 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: neither did the Christians either in the Apostles time, nor 100. yeares after, build themselves* 1.102 Churches like these of ours, but contented themselves at first to meet in houses, which thereupon were cal∣led

aedes sacrae. And to shew that they were comman∣ded by the Leviticall 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, Consum∣matum est, Iohn 19. 30. clearly abrogated that Law: but it is to be well examined, how far this repeal exten∣deth: for though the letter of it be taken away, yet the spirituall sense thereof remaineth; for Ierome saith, that* 1.103 almost every syllable thereof breatheth forth an hea∣venly 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 Mo∣rall Law are also mingled: as the Laws against Witch∣es, Userers, Oppressors, &c. the Laws that command* 1.104 us to lend to our brother without interest, and to san∣ctifie the Sabbath; for though the Institution of the Sabbath be changed, yet the spirituall observation re∣maineth, and that not onely in the manner of sanctify∣ing 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 prece∣dent 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 appoin∣ted 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 particu∣larly 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 re∣spects, 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 se∣venth 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 re∣tributions of rendring him the seventh day of our life, and the tenth part of our goods, are a plain demonstra∣tion to us, of our spirituall and temporall duty to∣wards God. Spiritually, in keeping the Sabbath▪ and temporally, in payment of tithes, that is, in providing

for his Ministry, and them in necessity; the one be∣ing 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 re∣quired above all other as the type of legall justificati∣on. 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 Ti∣thing.

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 Nati∣ons of the world perceive them to be just, and do there∣fore admit them as effectually by the instinct of nature as if they had been concluded of by an universall Par∣liament. Therefore in truth, this is no other, but that which the Philosophers call the law of Nature; Ora∣tours, 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 Di∣vines are of opinion, that Abraham took example there∣of from the Heathen: but others with more reason con∣ceive 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-loa∣ding 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.

Nebuchodonosor did the like (too bountifully as Jose∣phus* 1.105 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. Xenophon de rebus gestis Grae. li. 3.

Agesilaus conquered so much of his enemies Coun∣try, 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 Del∣phos. Diodor. 292. l. 40. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

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 ta∣ken. De Bell. Gal. lib. 6. 132.

And this use of Tithing the spoile obtained in war was every where so ordinary, that Croesus 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 embez∣ling 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 sol∣diers of our time, that having been exceedingly en∣riched in this kind, have not I fear remembred God, with so much as Croesus 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 felici∣ty, they did the like, and instituted further in her ho∣nour, 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 frank incense 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 cinna∣mon, took that part belonging to their god, and left them the rest to make merchandise of. Plin. l. 12. ca. 19. fol. 286. in pede.

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

The Romans, and generally all Nations, paid the* 1.106 Tithe of their fruits to Hercules, and they held it the happyest thing to vow the payment of them faithful∣ly: and they thought that the cause that Lucullus a∣bounded 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 Amphida∣mas 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 de∣sire 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 colle∣ctions 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 up∣braid and provoke his own people, by the example of a foo∣lish 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 ob∣servant both of the quantity, the tenth, and of the quality, in giving the best of the encrease, which must needs pro∣ceed out of some secret inclination unto that practice, where∣of (as in many other remains of naturall notions) they knew no reason, but were secretly inclined thereto, by that Providence which disposeth all things, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 abo∣lished 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 un∣to Hercules, should be very fortunate and prosperous in the

whole course of their life: which continued, saith Diodo∣rus, 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 Ro∣mane 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 ap∣peareth 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 pop∣pet gods, having never heard of the reward of the righ∣teous, nor happinesse in heaven, laid up for all those that so honour God. And to this doth Tertullian allude, speak∣ing* 1.107 of the prodigality of the Gentiles in such Feasts. Herculanarum decimarum & polluctorum sumptus ta∣bularii supputabunt. Which ready forwardnesse of theirs, shall one day rise up in judgement, and cause it to be easi∣er 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* 1.108 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 con∣tempt of that part of piety. Vpon this vow of amendment, they had their desire; plenty was sent them, and then, set∣ting 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 ap∣peareth* 1.109 by Trebatius, 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 en∣crease of their Vintage was by solemn words and formalities set apart from ordinary and common use: for untill that ce∣remony so performed, whereby God did as it were give pos∣session 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 opi∣ned) right unto, and interest in all. Nor was it lawfull a∣mong them for any man whatsoever, to use his own as his own, though it grew upon his own ground, was manured, tilled, sowed, 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 ceremo∣ny. This is the summe of Trebatius discourse in Arno∣bius.

This is that which may shame and confound all Chri∣stians,

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 er∣go. macte hac illace dape pollucenda esto. then, manus interluito, vinum sumito. He that performed this cere∣mony,* 1.110 was to doe so, and then to say, Jupiter dapalis, ma∣cte istace Dape pollucenda esto: macte vino inferio esto.

Nor did they thus appropriatly use this ceremony unto on∣ly Jupiter, but unto what Deity soever they did, accep∣tum referre their encrease.

Quoties aut thus, aut vinum super victimam funde∣batur* 1.111 (saith Servius) dicebant; Mactus est Taurus vi∣no, vel thure: hoc est, cumulata est hostia; magis au∣cta 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 scof∣feth 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. With∣all 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 plenteous∣nesse;

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 Re∣mains, 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, un∣till 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 al∣ready)* 1.112 it is further to be remembred, what Pausanias ex∣presly 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 dishonou∣ring 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 ju∣stice and vengeance out of all.

Aristotle reports, that Cypselus had a speciall regard to the tenth, as competent to a Deity, when he vow∣ed all the goods of the Citizens, if he could get Co∣rinth.* 1.113 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 di∣rectly, 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: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 unthank∣full gave the tenth, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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* 1.114 of that wealthy Country, made such havock upon the enemy, 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,* 1.115 and their associates, in a great battail at Coronaea, though having received many wounds in the fight, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, forgat not God, saith Xenophon, nor to be thankfull unto God.

That Retrait which Xenophon made with his ten thou∣sand 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 spolio∣rum, partly unto Apollo, partly unto Diana of the Ephe∣sians.

The tenth being separated for these two Deities, was by generall consent committed unto the Captains to be dedi∣cated. That for Apollo was laid up at Delphos in the A∣thenian Treasury (for most Nations of Greece had a se∣verall 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 year∣ly encrease for ever unto that service. This is a passage very considerable, there being not such an expresse and ob∣servable 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 uphol∣ding of the Temple. Tithes of spoiles commonly paid amongst the Graecians, but not accustomed in this sort to be employ∣ed. 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 se∣verall* 1.116 instances, for tithing spoils of warre; the first of Pau∣sanias, and the Graecians, that having vanquished the Per∣sians, 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, who re∣maining* 1.117 victor at the battail upon the River Euryme∣don, 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, the Argivi having made the Myceni∣ans* 1.118 their slaves and captives, consecrated the tithes of all they took to God, and utterly rased the Town Mycenae.

Porphyrie declareth, that first-fruits were given unto

God, (and what is said of first-fruits must be granted of* 1.119 tithes) out of devotion by the Pagans, of all things use∣full to the life of man: as of corn, honey, wine, oyl, cakes, and what not? Those that gave nothing by way of thank∣fulnesse, out of their encrease and store, were called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 enjoy∣ed, 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 Chri∣stian mysteries, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, for all that we have or enjoy is Gods, though the use or en∣joying thereof seemeth to be ours, which reason being eter∣nall, and undenyable in nature, professed and acknowledg∣ed by Naturalists, without light of grace, none can doubt, but that the practice in being was out of that perswa∣sion, and so of duty, and necessary tye, which none but 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as Pophyrie calleth them, did neglect: and for contempt whereof, even in opinion of Pagan Antiquity, ex∣emplary punishment was inflicted on that people. No men, nor City, nor stone remained, and their memoriall pe∣rished from off the earth, saith Porphyrie.

The learned Greek Grammarians doe testifie and expound, the custome of tithing by the Graecians, as Valerius Har∣pocration saith: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, for they tithe all the spoils gotten of the enemy unto the gods. And long before Harpocration, the learn∣ed Grammarian Didymus for his indefesse reading and writing, surnamed 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Ironside, or heart of Oak, saith, as he is cited by Harpocration, that properly and pri∣marily,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to pay the Tithe, was 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 to sanctifie, dedicate, or consecrate unto divine service, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 an∣cient 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 Hercu∣les 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 ar∣bitrary devotion, but of ancient and ordinary custome, as Diodorus Siculus reporteth; which growing into disuse, through negligence and disregard in long tract of time, ma∣ny dysasters in war, and other crosses in affairs of State be∣fell them. And thereupon to reconcile themselves, and ap∣pease 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 Cartha∣ginians 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 dysa∣sters 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 origi∣nally they were extracted, they sent exceeding great pre∣sents 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. Isra∣el 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 folitei sont sacrifica∣re puellos: which custome seeing it remained unto Tibe∣rius

Caesars time, it is not likely they disused the other tenths.

In like manner Gelo the Sicilian having van∣quished the Carthaginians in a most memorable bat∣tell, 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 ho∣nour 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 a∣mong the Heathens, which doubtlesse they learned as ma∣ny 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 Grae∣corum furtis. So the names of Deities, and other parti∣cular 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 proto∣type, or originall.

But from whence soever they received their first directi∣on, 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 hea∣thens did give their tenths and first-fruits, to be employed in their idolatrous service, to the maintenance of their Tem∣ples, Oratories, Priests, and Altars, in more liberall manner then Christians: but saith he, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 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 Re∣deemer 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.

M^r 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 do∣ctrine of his Canonists.

M^r Blunt an accurate observer in his travails affir∣meth, that the Turks in their principall Cities have very stately Moskeetoes (i. Churches) of magnificent building, accommodated with goodly Colledges for the Priests lodg∣ings, and Bathes, equall to the Monasteries of any City in Christendome.

Aelian relateth (as M^r 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 com∣pared 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 insi∣sted on, to shew the impiety of many men in these last days, who are more inexcusable, then ever any people were, be∣cause we have the rules and practice of all ages set be∣fore 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 Go∣spel 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 there∣fore offend now, we are greater sinners then any former people, as sinning against conscience, knowledge, and ex∣amples 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 Nati∣ons, 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 el∣der, and Guthrun, Saxon and Danish Kings, punished the not payment of Tithes by their temporall Constituti∣ons. Lambard. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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, & ho∣stiam pacificam offeram tibi; and by other effectuall Au∣thorities: providing precisely, that his owne Tithes should diligently be paid, and appointing a time cer∣tain for doing thereof, viz. the feast of the decollation of S. John Baptist. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, pa. 57. Tom. 1. Concil. p. 402.

King Edmund about the year 940. in a solemn Par∣liament, as well of the Laity, as Spiritualty, ordained that every man upon pain of his christendome, and be∣ing accursed, should pay them truly. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, pag. 73. Tom. 1. Concil. pag. 420.

King Edgar in a great Parliament about the yeare 959. confirmed the payment of Tithes, assigning cer∣tain 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 pay∣ment 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 9^th 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. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 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* 1.120 Laws, ca. 8. and as Malmesbury testifieth, strictly obser∣ved 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, the* 1.121 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 Com∣monalty, as appeareth in those his Laws, cap. 8. and Hoveden Annal. part. poster. pag. 602.

Long after the learned Author had written this, he pub∣lished 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 un∣willing 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 con∣cessa 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 Scot∣land 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 con∣firmed by other Kings, Brorredus, and Edmundus of East-Angles.

Tom. 1. Con. pag. 384.

For the Northern Clergy, there was a Law made to pu∣nish 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 comman∣ded 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 parti∣cularly, and more fully recited in the first Tome of our Councels, and in M ^r 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 par∣ticularly 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 a new unto God. We have granted (saith he) unto God, and by this our pre∣sent 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 immor∣tall, and like the sanctified things of the Temple, for e∣ver 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 Nobi∣lity of the kingdome. Yea, the whole kingdome yeel∣ded themselves to stand accursed, if they should at a∣ny time after impeach this grant. And therefore in the* 1.122 25 Ed. 1. a speciall Statute was made for confirmation of this Charter, wherein amongst other things it is or∣dained, that the Bishops shall excommunicate the brea∣kers 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. First, against all them* 1.123 that should wittingly and maliciously deprive, or spoil Chur∣ches of their rights.

Secondly, against those that by any art or devise infrin∣ged 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 Executio∣ners thereof, that should presume to give judgement accor∣ding to them.

And lest this should seem a passion of some particular men for the present time, rather then a perpetuall reso∣lution 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, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 perfidus error!

My meaning is not to strain these Laws to the mainte∣nance 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 Mini∣stery, 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 dedicati∣ons 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 Nehemiah and the Jews did, Nehem. 10.) should fall up∣on 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 Jona••ab 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 brea∣king 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* 1.124 thou vowest a vow unto the Lord thy God, thou shalt not be slack to be pay it, 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 e∣ver; 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 Valen∣tinian 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, my gold, or my silver, whatsoever were mine, I would wil∣lingly* 1.125 offer it, but (saith he) I can take nothing from the Church, nor deliver that to others, which I my self recei∣ved 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 respective∣ly; not the naturall childe of Moses Law, but the a∣doptive: Consider first the action, and then the end; the action, in payment of them; the end, in the employ∣ment 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 com∣mandement

precedent to yeeld it to him. Some hap∣pily 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 for∣merly in esse: for detaining and keeping back doe ap∣parently imply a former right, and therefore Tithe was still the Lords, ex antiquiore jure, and not ex novi∣tio 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 obser∣vation, (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 a∣bolished; 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 man∣ner of tiching is after that of Abrahams, who gave* 1.126 tithe of all. And this is a thing well to be considered,

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 Le∣vi 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 re∣muneration of his Ministers. 3. Gratitude, as sacrifi∣cium* 1.127 laudis, an offering of thankfulnesse for his bene∣fits 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 worship∣ped 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 mainte∣nance; and therefore the maintenance of his Ministers was the maintenance of his worship; and consequent∣ly the tithes applied to the one extended to both. God himself doth so expound it, Mal. 3. 8▪ where he tearm∣eth 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 de∣prived 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 fin also committed against equity, in withholding the wa∣ges

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 notwithstan∣ding, 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 dis∣posing them were Ceremoniall, and did vanish away with the ceremonies themselves: yet did it nothing dimi∣nish 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 orde∣ring and disposing of them, as the present estate of Gods worship, and the necessity of the time should re∣quire, viz. before the Law, at the pleasure of them be∣fore 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 ap∣pointed (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. calleth the Ministers of the* 1.128 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 gene∣ration of Levi shall no longer be appropriate to my ser∣vice, but I will communicate their function to the Gen∣tiles, 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 Levi∣ticall Law, neither changed he the nature of the for∣mer Institution thereof, nor the course of the pay∣ment, 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 ge∣nerall, (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 Ce∣remoniall, 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 some∣what 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, be∣ing 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 In∣stitution 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 na∣ture thereof was not thereby changed, and therefore it still lived, when the Leviticall Law died. Tou∣ching 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 adop∣tive. I call them naturall, that sprang out of the bow∣els of it, as those touching the Ark, and Institution of the Levites. Adoptive, those that being in use be∣fore were afterward annexed to it: And of these I ob∣serve two sorts, one arising from some positive Con∣stitutions, 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 Mini∣sters 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 con∣dition 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 al∣so 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 corrup∣ted 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 of∣fered unto God for remission of sin. And because no∣thing under the sun could be offered up, but it also was full of corruption, and that nothing could be ac∣ceptable unto God, that was impure, therefore though they chose the cleanest and perfectest beasts, and things for these offerings and sacrifices, and purged and san∣ctified 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 bo∣dy 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 per∣son 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 proprie∣ties 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, brea∣thed 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 perpetu∣all,

and that these oblations and sacrifices were but temporall and momentary, they thought in reason (be∣ing 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 finalem 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 Na∣ture, 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 a∣gain 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, nor carry any burden, take a* 1.129 journey, or stir out of the place he was in. Tarry eve∣ry man in his place, let no man goe out of his place the seventh day, Exod. 16. 29. It was besides a day appoin∣ted 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 on∣ly 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 abo∣lished, but the temporall and ceremoniall parts there∣of being taken away, the morall use of the comman∣dement, which is, that the seventh part of our time must be dedicate to the generall service of God, re∣maineth 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. Au∣gustine, 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 employ∣ment 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 sacri∣ficed for us, 1 Cor. 5. 7. and thereby the end of Insti∣tution accomplished: how come we then to continue it, especially, having neither commandement, nor pre∣cedent 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 con∣tinued, 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 there∣of: yet note that Easter is kept according to the Levi∣ticall 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 Si∣nai, and therefore hallowed as one of the three great∣est feasts; the Law then being ended, the celebrati∣on 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 nei∣ther 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 toge∣ther 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 fame 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 discove∣reth,

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.* 1.130 2. 1. that is, at the time when the cloven tongues fell upon them, this like the Sabbath was the Jews Pente∣cost, 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 Apo∣stles time, but rather by their next successors; yet Saint Paul, 1 Cor. 16. 8. saith, I will tarry at Ephesus till Pen∣tecost, 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 Go∣spel, and confute his adversaries.

CAP. XXIX. How Appropriations began.

MAny things are notoriously wicked in conclusion, whose beginnings are not suspected: so hath it hap∣ned 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, per∣ceiving 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 find∣ing

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 Or∣dinary; at length to avoid the multiplicity of Institu∣tions and Inductions, they easily obtained licence of the King and Ordinary (sometimes of the Pope him∣self) 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 appro∣priate 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 obtain∣ed 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 un∣to 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 care∣lesse pages, themselves minding nothing but the bene∣fit 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 be∣ing 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 un∣to, Divine service, and Hospitality. By this window crept the Vicars into Churches, who for the most part were some of the Monastery, whereunto the ap∣propriation 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 discre∣tion 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 not∣withstanding they were thus indued before this Sta∣tute, for in the Synod holden at 〈…〉〈…〉 for the Pro∣vince 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 propor∣tion that the rents of that time hold to this, cannot be lesse then 301 or 401 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 succes∣sors might enter into the Rectory, and take the fruits and profits thereof, without further trouble of admis∣sion, institution, or induction; which upon the mat∣ter,* 1.131 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 po∣litique 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 particu∣larly 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: for the appropriation is* 1.132 but as a stop in a run, which being taken away, the for∣mer 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 chan∣ged 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 spiri∣tuall 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 Priest∣hood. Yet by the Laws of the Land the King is com∣posed as well of a spirituall body politique as of a tem∣porall, 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 other∣wise in his temporall he could not doe; and therefore the Statute of 25 H. 8. cap. doth agnise the words, au∣thoritate* 1.133 nostra regia Suprema & Ecclesiastica qua fungi∣mur, which the King useth in divers Charters tou∣ching spirituall causes, doe testifie, that he taketh up∣on 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 foun∣ded upon the Statute of H. 8. or any other puisne institution, but deduced anciently from the very Sax∣on 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 por∣tion thereof, according to their own pleasure, and a∣bridging and exempting other from the authority of the Bishops, and Archbishops, or any other Ecclesia∣sticall Prelate. And in this respect it seemeth that the Chappell of the Kings house was in ancient time un∣der 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 un∣der no other Bishop then the King himself.

But the Bishops agreed to the granting away of these* 1.134 Church Livings.

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 be∣ing willing with it, but as concluded by legall neces∣sity and inference. For though all the Bishops said nay, yet the Lay Barons by reason of their number excee∣ding 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 pro∣fession, unexercised in the elenchs of the Law, were over∣taken in the frame of words, and thereby passed that a∣way 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 govern∣ment, 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. There∣fore 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 Em∣perour would bee pleased not to be present among them, lest his presence should captivate their judge∣ments, or intangle their liberty.

* 1.135That after the Appropriation, the Parsonage still continu∣eth 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 al∣so the Ordinary, and Ecclesiasticall Officers must have still the same authority over such appropriate Church∣es, 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 Vicara∣ges, (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 there∣fore also the Statute of 15 R. 2. cap. 6. and that of 4 H. 4. cap. 12. that ordained, that in Licences of Ap∣propriation in the Chancery it should be contained, That the Bishop of the Diocesse in every Church so appro∣priated, should provide by his dissretion 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 appoin∣ted, 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 tem∣porall lands, or discharged of the Bishops jurisdicti∣on, but that he shall have them as the religious per∣sons had them, that is, as spirituall Livings, and con∣sequently subject to the jurisdiction of the Bishops be∣fore 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.

* 1.136That no man properly is capable of an Appropriation but spi∣rituall 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 Laymen 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 Re∣ctory; 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 Ju∣stice, 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 spiri∣tuall 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 per∣son) 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 Parso∣nage 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 Pri∣or 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 ano∣ther; 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 appro∣propriate 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; where∣unto my Lord Dyer and Manwood doe also agree; and* 1.137 therefore by the dissolution of religious houses, all Appropriations had been presentable like other Chur∣ches, 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 at∣tain that profession; yet under correction, I will be so bold as to offer some points thereof to further con∣sideration; as, first, what is granted to the King; se∣condly, 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 disse∣rendo quaerere legitima illa vera, that Littleton speaketh of.

* 1.138What 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 2001 a year. And the Sites, and Circuits thereof, and all Manours, Granges, Meases, Lands, &c. Tithes, Pensions, Chur∣ches, Chappels, Advowsons, Patronages, Annuities, Rights, Conditions, and other Hereditaments apper∣taining 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 plea∣sure 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 Ci∣tizens.

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 possessi∣ons, 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 enume∣ration 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 see∣meth 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 ex∣planation and restraint, and not trenching to the enlarge∣ment of the grant.

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

* 1.139Whether Tithes and Appropriations belonged to the Mona∣steries, 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 ordi∣narily grant all or some portion of their Tithes to those Houses, as by a multitude of precedents there∣of

appeareth. From hence it rise that the Monasteries* 1.140 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 confer∣red 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 Pa∣rish, by reason of his function, and incumbency; which function, though by act of Appropriation, it were col∣lated 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 Eccle∣siasticall 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.

* 1.141In what sort they were granted to the King.

Though the Parliament hath power to dispose tem∣porall 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 Cler∣gy 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 at∣tempted to doe it, but insomuch as they were mis∣employed 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.

* 1.142To 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 Sta∣tute 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 Ha∣bendum, 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, appoin∣ting 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 pro∣fit 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 Ora∣tion 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 un∣feigned beleef, in my good doings and just proceedings; for you without my desire or request, have commit∣ted to my order and disposition all Chauntries, Col∣ledges, Hospitals, and other places specified in a cer∣tain 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 suf∣fer the Ministers of the Church to decay, or Learn∣ing (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 ac∣count must bee rendred of all our doings. Doubt not I pray you, but your expectation shall bee ser∣ved 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 ingenuous∣ly

confesse the Trust committed to him by the Par∣liament, 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 par∣ticularities of that Trust, as namely; for the mainte∣nance of the Ministers, the advancement of Learning, and provision for the poor.

* 1.143That 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 pos∣sessions, 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 savour something of the Leviticall Law, as to preserve the Tribes from confu∣sion, yet they present also unto us rules of Morall ju∣stice. First, that in the division of the Kingdome, wee must remember to give him a part for his ho∣nour, 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 offe∣red 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 con∣dition 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 voca∣tion, 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 relie∣ved. This, I say, is the use whereto Parsonages were given, and of this use we had notice before we pur∣chased 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 o∣ther. Look how many of the Parishioners are cast a∣way 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. mean∣ing 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 coun∣sell of God, v. 27.

It is not therefore a work of bounty and benevo∣lence 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 remissi∣on of these sins; for, as S. Augustine saith, Non remit∣titur peccatum, nisi restituatur ablatum, cum restitui po∣test. Augustin. Macedon. Ep. 54. The sin shall not be for∣given without restoring of that which is taken away, if it may be restored.

* 1.144Of the Statute of dissolution, that took away Impropriati∣ons from the Church.* 1.145

We must note touching that first Statute, the time wherein it was made, the persons by whom, the cir∣cumstances 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 in∣fected with Romish Religion; the other half yet in effect but 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and candidati restitutae religionis, and so could not by and by conceive all dependencies in so great a work, and what was fit 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 Par∣liament, 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, and of Ed. 6.* 1.146 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 car∣ried it; So in this businesse the great haste and desire to effect it, and the great matters aimed at, as the trans∣ferring of all Monasteries Livings unto the King,* 1.147 made somethings in the Act to passe unconsidered, and no doubt amongst other these appropriate Parsona∣ges; 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 Appropria∣tions 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 pri∣vily enflamed on all parts against the Romish religi∣on, 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, Chan∣cels, and in many places of the very Churches them∣selves.

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 can∣not suddainly, or easily sever them. Therefore our Savi∣our Christ fore seeing this consequence delayed the wee∣ding 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* 1.148 wanting in ours; and neither will ever be so severed, but each will hold somewhat of the other: no rent can di∣vide 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 Ae∣gyptians, as appeareth in Herodotus. Therefore as Moses renued the Tables that were broken through haste, and time reformed the errors of religiō amongst the Israelites: So we doubt not but his Mty, 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, con∣fesseth, that, Stultissimum est existimare omnia justa esse* 1.149 quae sita sint in populorum institutis aut legibus, Nothing to be more foolish then to think all is just that is con∣tained in the Laws or Statutes of any Nation. Ex∣perience teacheth us, that our own Laws are daily ac∣cused 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 king∣dome, some contrary to the Word of God, and some very impious and intolerable, yet all propounded, de∣bated, and concluded by Parliament. Neither is this evill peculiar to our Country; where hath it not reign∣ed? Esay found it in his time, and proclaimeth against it, Wo be unto you, that make wicked Statutes, and write grievous things. So Tully and the Roman Historians* 1.150 cry out, that their Laws were often, per vim, & contra au∣spicia impositae reipublicae, by force and against all religi∣on imposed upon the Common-wealth. God be than∣ked 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 exa∣mine them in this point, if the•• 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 confi∣ned, 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, in* 1.151 action against another man, it cannot give him jus in re, as to claim it in right against God. Canonists, Civili∣ans, and common Lawyers, doe all admit this distin∣ction, 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 con∣fesse,* 1.152 that all Prescriptions, Statutes, and Customes against the law of Nature (or of God) be void and a∣gainst Justice.

* 1.153That 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 Ecclesi∣asticall 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 corre∣spondency with them in their divers natures, and com∣positions: So the King, the head of the politique bo∣dy, 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 part∣ly Ecclesiasticall; to the end that from these divers foun∣tains in the person of his Majesty, those divers members in the body of the kingdome may according to their pe∣culiar faculties receive their just and competent go∣vernment. 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 por∣tion of their spirituall vocation: for I see that the A∣postles* 1.154 themselves were therein subject to the Heathen Princes, and gave commandement to all Christians in generall, that they likewise should doe the same; and* 1.155 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 can∣not 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 di∣stinct 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 quid∣dam 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 fur∣ther 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 Eccle∣siasticall profession and jurisdiction. And as they have habenam regni, put upon them, to expresse the one, so al∣so 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 anci∣ent Institutions of the Church, it is apparent by the Epistle of Gregory the great, unto Aregius Bishop of France, that this vestis dalmatica, was of that reve∣rence* 1.156 amongst the Clergy of that time, that the princi∣pall 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 ad∣visement 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, otherwise called albae & stolae, were by the* 1.157 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 ceremo∣ny 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 re∣ceived 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 crown∣ed King, in the life of his father, and happily was the* 1.158 first King of this Land that ever wore a Crown, what∣soever 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 there∣with come upon him, as it did upon David being a∣nointed 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, pro∣fuse 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 a∣mongst 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, un∣derstood 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 No∣bles of his Land to set their sons to school, and to ap∣ply

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 pla∣ces, for unto such himself looked diligently. He divi∣ded the Kingdome into Shires, Hundreds, Wapentakes, and them again into Tithings and free Bourghs, com∣pelling every person in his Kingdome to be so setled in some of those free Bourghs, that if he any way trespas∣sed, 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 ena∣bled unto it, that Nicholas 2. doubted not to commit the government of all the Churches of England unto Ed∣ward 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, Lu∣dovicus, 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 Clo∣doveus himself being but newly entred into i••, doubted not to appoint a Councell at Orleans, and to call thither the Bishops and Clergy of France, but out of the mo∣tion of Priestly minde, (to use the very words of the Councell) cōmanded the Priests, (meaning the Bishops) to assemble there for debating necessary matters, which in his own consideration he had advised upon, and de∣livered to them in heads and titles; and they having answered thereunto, and framed the Canons of that Councell, accordingly did submit them to his judge∣ment,

and desiring if it approved them, himself for grea∣ter authority would confirm them. Tom. 2. Concil. pag. 309▪ in rescripto Synodi.

The Kings of Jerusalem and Sicil, were also anoin∣ted and endowed with Ecclesiasticall authority, where∣of 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 King∣domes, 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 reste••h up∣on 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 Peer∣lesse and transcendent; and well therefore might Willi∣am Rufus say, that himself had all the liberties in his Kingdome which the Emperour challenged in his Em∣pire. Mat. Paris.

But I wonder, why the Papists should so confident∣ly deny the Kings of England to be capable of spiritu∣all jurisdiction, when Pope Nicholas 2. of whom wee spake before in an Epistle to King Edward the Con∣fessor, 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 perpe∣tuall habitation of Monkes that shall be subject to no living creature, but the King himself, free from Episcopall ser∣vice 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 Eng∣land in those ancient days, being before their Corona∣tion 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 be∣long unto the Temple, and Lay persons to become sa∣cred 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 per∣sons 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 Episcopo∣rum & 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 per∣adventure 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 Em∣perour, 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 just∣ly 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 validi∣ty, 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 jurisdi∣ction onely by the connivency of the Pope, but de∣fended 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 suc∣cessors, then the same King, and his Predecessors, be∣fore assumed to themselves. For this Epistle could not be written to S. Edward, before the end of his reign, (Ni∣cholas 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 su••d ••i Regis, not summi pontificis: yea, and that in the government of the Church. For the words of his own Law, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 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 go∣vern 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: where∣in he imitated his predecessors; for King Edgar speak∣ing 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 ge∣nerally the Clerks of that time, that were not profes∣sed, 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 ••••e Monks, and that his wife Aelfthryth shall look to t••e 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 Jornalen∣sis, 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, agni∣sed, 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 e∣tiam (scil. Edgarus) ut sicut ipse in propria, ita totius insu∣lae 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 or∣dering 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 med∣ling within the Isle of Glastenberry: and lest he should seem to doe a new thing, he closeth it up with this a∣pology, That his predecessors, Cemwines, Ines, Ethelar∣dus, Cuthredus, Elfredus, Edwardus, Ethelstanus, Ed∣mundus, 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 a∣nother 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 neces∣sity and discontent of Agilbert to reunite, yet his suc∣cessor Inas, divided them again, and then they so con∣tinued. Hen. Huntington l. 4. pa. 33. l. 49.

It is true, that ad majorem cautelam, King Edgar requi∣red

John 12. to confirme these priviledges, lest any, as he saith, should in future time, either take them a∣way, 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 va∣lidity thereof, as quicking thereby a livelesse body. For so likewise may the Popes own authority be dis∣putable, 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 confirma∣tion 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 spe∣ciall 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 au∣thority. It is manifest partly by that which I said be∣fore, 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 him∣self

as the head Officer of the Church, yet in matters of faith he was so obedient, that to expiate his incon∣tinency 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 Gla∣stenberry, 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 prae-dict' rus liberum ab omni regali obstaculo, & Episcopali jure, in sempiternum aevum, ut habitantes ejus nullius re∣gis aut ministrorum suorum, Episcopive aut suorum offici∣alium jugo deprimantur, sed in omnibus rerum eventibus as defensionibus causarum Abbatis Abbindenensis, Mona∣sterii de caetero subjiciantur, Term. Trinitat. 1 H. 7. f. 18. b. And it is there said by the Judges, fol. seq. b. that ma∣ny 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 Nor∣mans, 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 Conque∣rour, did deny it, saying, that he would conferre all Pasto∣rall Staves in his Realm, and would not conferre that power to any whatsoever. Govern you (saith he) that which apper∣taineth 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 man∣ner, or by little and little, creep into Ecclesiasticall ju∣risdiction, but with an absolute resolution, whilest he yet stood as it were but upon the threshold of his King∣dome, and might justly fear some notable transmutati∣on 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 un∣to matters of faith, and extending his own to the utter∣most limits of the outward government of the Church. But because his hand and his seal doe more authentical∣ly enforce credit, then the report of Authours and Hi∣storians, see what he assumeth in his Charter of founda∣tion 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 ene∣mies▪ In this Charter he granteth that, That Church shall be free from all servitude, and from all things what∣soever 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 any thing, nor execute any kind of government, or authority there; but that it be as free (saith he) from all his exa∣ctions, 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 him∣

self 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 Chi∣chester, 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 pro∣fession 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 re∣strained 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* 1.159 Altars, &c. from the Bishop of his Diocesse, are direct∣ly against the Decrees of the Church, Canons, Sy∣nods, 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 Coun∣ty, 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 attesta∣tione. 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 Chiche∣ster, 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 De∣mean 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 visita∣tion 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 con∣fession, ut pat. Hoveden l. 4. 7. pa. 547.

William Rufus in like manner told Anselme Archbi∣shop 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 E∣piscopus regni sui (saith Mat. Paris.) curiae Romanae vt▪ Papae subesset. And because Anselm asked leave of him to fetch his pall from Pope Vrbane at Rome,—han∣ob rem (saith Mat. Paris.) à rege majestatis reus postu∣latur; he is called in question of High Treason, an•• 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 in∣to 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 exi∣led. And though the Pope threatned to excommuni∣cate the King, if he restored him not, and the Coun∣cell then holden at Rome, stormed much at the mat∣ter, 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.

Notes

• * 1.1

  1 Crr. 11. 22.
• * 1.2

  Edit. 1606.
• * 1.3

  Joh. 12. 6.
• * 1.4

  Mar. 6. 38. Luk. 9. 13. Joh. 6. 9.
• * 1.5

  Dist. 12. 9. 1. ••abe••at.
• * 1.6

  Hi••ron. in vita Marci.
• * 1.7

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 i. e. temperantia, continentia, mo∣••estia.
• * 1.8

  In vita Pii.
• * 1.9

  Strigelius in leg. lib. 2. pag. 307.
• * 1.10

  Codin. p. 5. Suidas.
• * 1.11

  Apud Euseb. l. 10. ca. 5.
• * 1.12

  1 Cor. 9. 14.
• * 1.13

  Lib. 21. de vita Contemplativa.
• * 1.14

  Epist. ad Nepo∣tianum.
• * 1.15

  Note.
• * 1.16

  Acts 4. 34, 35.
• * 1.17

  1.
• * 1.18

  Num. 4.
• * 1.19

  2.
• * 1.20

  3.
• * 1.21

  Exod. 26. 15.
• * 1.22

  Praecepit eis •••• unaquaeque generatio mini∣straret Deo per dies octo, à Sab∣batho usque ad Sabbathum. Jo∣seph. Antiq. l. 7. cap. 15. p. 389.
• * 1.23

  Eos verò qui erant de germine Mosis, eminen∣tiùs honoravit; fecit eos autē cu∣stodes thesauro∣rum Dei, atque vasorum quae reges Deo di∣care contigerit. Antiq. l. 7. c. 15. pag. 390.
• * 1.24

  Iudices autem populi & scri∣bas eorum 6000. Antiq. l. 7. c. 15. p. 389.
• * 1.25

  Note.
• * 1.26

  1 Chron. 26. 14
• * 1.27

  1 Chron. 27. 5.
• * 1.28

  1 Chron. 11. 22
• * 1.29

  Gen. 49. 7.
• * 1.30

  Erant ni••ilomi∣nus ea tempe∣state sacrdotes, nec dum adhuc à lege ordinati, sed naturali s••p••entia h••s requirente & perficien••e. l. 11. in Iob p. 2.
• * 1.31

  In Gen. 4. 3.
• * 1.32

  V•• non Gentes ex Iudaeis, sed Iudaei ex Genti∣bus sacerdotium acceperint. Ep. ad Euagrium. Tom. 3. p. 38.
• * 1.33

  Tom. 4. 99.
• * 1.34

  August. de Consens. Eu. Tom. 4. 100. a.
• * 1.35

  1.
• * 1.36

  2.
• * 1.37

  3.
• * 1.38

  1.
• * 1.39

  Numb. 6. 8.
• * 1.40

  2.
• * 1.41

  3.
• * 1.42

  Conc. Laodicen. c. 11.
• * 1.43

  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-of∣ferings 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 ap∣pointed 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. Quaerc.
• * 1.44

  Many affirm that he was at Rome. Meta∣phrastes and some other that he was here in Britan∣nia: Petri igi∣tur muneris erat ut qui jam complures ori∣entis Provincias praedicando eu∣angelium pera∣grasset, jam (quod reliquum esse videbatur) lustraret orbem occidentalem, & usque ad Bri∣tannos (quod tradunt Meta∣phrastes & alii) Christi sidem annuncians pe∣netraret. Baron. Tom. 1. f. 5 97. l. 13. Metaph. die 29. Junii.
• * 1.45

  3 Tim. 3. 2.
• * 1.46

  Though the Levite be said, 2 Chron. 25. 3. to teach all Isra∣el, 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 īnstructed them how to carry themselves in their sacrifices & ceremonies: therefore Jerome translateth this place, Levitis quoque ad quorum eruditionem omnis Israel sanctificabatur Do∣mino.
• * 1.47

  For which cause the Latines used the word decimare & exde∣cimare, to choose and cull out the principall things; and our own English word, Tithe, im∣porteth as much: for it commeth of the Saxon Teoð, 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.
• * 1.48

  In sum. de deci. §. 1. V. Vocab. V∣trius. Jur. in verbo decima.
• * 1.49

  Raymundus.
• * 1.50

  1.
• * 1.51

  2.
• * 1.52

  3.
• * 1.53

  4.
• * 1.54

  5.
• * 1.55

  Multis aliis at∣que aliis nume∣rorum formis (quaedam simi∣litudinum) in libris sanctis seponuntur▪ quae propter imperi∣tiam numerorū legentibus clau∣sa sunt. De do∣••tri. Christ. lib. 2.
• * 1.56

  De Abraham Patriarch. l. 2.
• * 1.57

  Mat. 22. 21.
• * 1.58

  Mat. 22. 21. Mar. 12. 17. Luke 10. 25. Joh. 13. 7.
• * 1.59

  Decima omnia complectitur. Bullinger in ••. Heb.
• * 1.60

  Lib. de 10. prae∣cep. sol. 75, 76. & seq. Quid si numero isto denario u∣niversitas regū significata est? De C. D. lib. 20. 23. Decima hora: numerus iste le∣gem significat quia in 10. prae∣ceptis data est lex, in cap. 1. Evang. Joh. Tract. 7. To. 10. Serm. 15. de verb. Domini in Evang. Mal. Ser. 15. Tom. 10
• * 1.61

  Numb. 18. 27.
• * 1.62

  Tom. 10. fol. 15.
• * 1.63

  2 Chro. 31. 10.
• * 1.64

  Lib. 4.
• * 1.65

  Lib. 14. Pharsal. 5. In Agamem.
• * 1.66

  Cic. in Verrem.
• * 1.67

  Satis amplum ex se ad librum conficiendum praebet argu∣mentum. Phil. de 10. praecep.
• * 1.68

  Quia omnia Dei sunt▪ per quae vivit, sive terra, sive ••lu∣mina, sive semina, vel omnia quae sub coelo ••unt, aut super coelos. De re••ti••ud. Cath. convers. Tra••t. Tom. 4.
• * 1.69

  Antiq. Iud. l. 4. ca. 3.
• * 1.70

  De rectitud. Cath. Convers. Tom. 9.
• * 1.71

  Sustulerunt do∣minum, at non servum.
• * 1.72

  Gen. 14. 20. Heb. 7.
• * 1.73

  V. 30.
• * 1.74

  Nehem. 10. 37.
• * 1.75

  Deut. 16. 16.
• * 1.76

  The tenth of bullocks and sheep, and all that goeth un∣der the rod commanded, Lev. 32.
• * 1.77

  Herodot. Clio. lib. 1. f. 36. Livy li. 5. Pliny l. 12. c. 24▪
• * 1.78

  Melpont. l. 4. f. 267.
• * 1.79

  Thalia l. 3. f. 1••0.
• * 1.80

  Note.
• * 1.81

  In Ranis.
• * 1.82

  Decimas nupe∣ius extortas per papas. Ca∣al. test. ter primo impositas in Concil. per Pelagium Pa∣pam Anno 588.
• * 1.83

  Damas. p••▪ pa∣trim. adiit, An. 367.
• * 1.84

  Hoc. confirm. Con. Hispalens. Tom. 2. Et approbat. p••r Gualter. & Ho∣spinian. de o∣rigin. honorum ecclesiae, ca. 3. p. 123.
• * 1.85

  De nat. Deo. l. 2.
• * 1.86

  Quis scribit in cordibus homi∣num naturalem ••egem nisi Deus? Aug. des••rm. Domini in monte l. 2.
• * 1.87

  Instit. l. 1. c. 3.
• * 1.88

  Calv. I••st. l. 1. c. 4.
• * 1.89

  It seemeth this law of nature is tearmed by Mo∣ses 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 Comman∣dements and keep his Ordi∣nances, c. 19. 5.
• * 1.90

  Exod. 16. & 1••
• * 1.91

  In the Hebrew text it is inde∣finite which of them gave tiths to other; there∣fore the Iews say Melchisedek gave it to Abra∣ham, but the holy Ghost in the 7. to the Hebrews ex∣plaineth it, that Abraham gave them to Mel∣chisedek.
• * 1.92

  Codomannus saith in the year 293. some other count it above 370.
• * 1.93

  Melchised. Dei sacerdos, Soly∣morum quam civitatem postea: Hierosolymam vocarunt. Ios. Antiq. l. 1. c. 18. Hieron. in Ep. ad Euagr. et in loc. Heb. Lyra in Gen. 33.
• * 1.94

  Joh. 3. 23.
• * 1.95

  So that Mel∣chisedek prefi∣gurated the whole Priest∣hood of Chri∣stian Religion, and Abraham the whole Lai∣ty; therefore Chrysostome saith, Considera quanta sit ex∣cellentia nostra∣tis sacerdotii quandoquidem Abraham Pa∣triartha Iudae∣orum progenitor Levitarum comperitur bene∣dictionem acci∣pere à Melchi∣sedec. Orat 4. advers. Iud. Sed ita Paulus ipse.
• * 1.96

  Superbia vitae, Concupiscentia carnis, Hypocri∣sis, Ava••••tia vel concupiscentia oculorū. Hugo.
• * 1.97

  Multo post fu∣turum Domini sacramentum an••e signavit, ac sacrificio pa∣nis & vini my∣sterium corporis & sanguinis ex∣pressit. p. To. 4. 14. c.
• * 1.98

  Ministravit iste Melchisedek A∣brahamo & ex∣ercitui xenia, & multam a∣bundantiam re∣rum optimarum simul exhibuit, & super epula•• eum collaudare coepit & benedi∣cere Deum qui ei subdiderat inimicos. Jos. Antiquit. l. 1. c. 18.
• * 1.99

  No fis••, as though the curse extended not to the sea.
• * 1.100

  Liv. ••. ••.
• * 1.101

  Non ideo nobis proponi exem∣pla justorum, ut ab eis justi∣ficemur; sed ut eos imitan∣tes, ab eorum justificatore nos quoque justifi∣cari sciamus. Aug. lib. de Catechisand. rudibus. Tom. 4. f. 218.
• * 1.102

  Perkins dem. Problem. 9.
• * 1.103

  Singulae paen•• syllabae, &c. spirant coele∣stia sacramenta. Tom. 3. Paulin•• Epist.
• * 1.104

  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.
• * 1.105

  Largissime ni∣mis.
• * 1.106

  Neque Herculi quisquam decu∣mam vovit un∣quam si sapiens factus esset. Cic. de Nat. Deor.
• * 1.107

  Apologet. c. 39.
• * 1.108

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• * 1.109

  Lib. 3. Satur. 5.
• * 1.110

  Hujus rei cura non levis in Latio—nam flamen Dialis auspicatus vin∣demiam, et ut vinum legere jussit agna ••ovi facit. Varro.
• * 1.111

  In 9. Aeneid.
• * 1.112

  In Phoc.
• * 1.113

  Oeconom. 2.
• * 1.114

  Xenophon▪
• * 1.115

  Xen. Hellen. l. 4.
• * 1.116

  Pag. 259.
• * 1.117

  Pag. 270.
• * 1.118

  Pag. 276.
• * 1.119

  Lib. 2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• * 1.120

  Tom. Con. pag. 544.
• * 1.121

  For the She∣riffe and Bi∣shops were in those days, the Kings Justices in every Coun∣ty, and all matters were heard and decided before them.
• * 1.122

  V. Rastals A∣bridg. de sta••∣tit. Confirm at. Sentenlia lata super chartas.
• * 1.123

  Vid. Pupil. oculi. part. 5. cap. 22.
• * 1.124

  Eccles. also 5. 3, 4.
• * 1.125

  Orat. de basilic. tradend. p. 2. 38.
• * 1.126

  Heb. 7. 2.
• * 1.127

  And to encou∣rage them in the service of God. 2 Chron. 31. 4.
• * 1.128

  Esay 66. 20.
• * 1.129

  Exod. 35. 3. 16. 24. Jer. 17. 11.
• * 1.130

  Nemo non san∣cti••icatus faciat. Phase. Nu. 9. 6. hac ceremonia sublata, manet festum.
• * 1.131

  Plowd. 500.
• * 1.132

  Dier Howd. 497. Manwood 501
• * 1.133

  In this part of his power W. 1. made Appro∣priations of Parsonages, which other∣wise he could not doe. Coke p. 5. f. 10.
• * 1.134

  Object.
• * 1.135

  § 1.
• * 1.136

  § 2.
• * 1.137

  Dier Plowd. 497. Manwood, ib. 501. l. 2.
• * 1.138

  § 3.
• * 1.139

  § 4.
• * 1.140

  Neol. Fossard dedit an. 1081. Aldwino Abba∣ti de Ramsey, viz. Deo, &c. Ecclesiam de Bromham & terram ad duas carrucas & de∣cimas trium villarum, & de duobis mo∣lendinis & totā decimam de propria aula. Liber MS. Ram∣sey pag. 240.
• * 1.141

  § 5.
• * 1.142

  § 6.
• * 1.143

  § 7.
• * 1.144

  § 8.
• * 1.145

  27 H. 8. c. 27.
• * 1.146

  This Parlia∣ment begunne 5. Octob. 1554 and ended 5. Decemb. Fox p. 1396. Col. 2. l. 1.
• * 1.147

  A Parliament of 28. Bishops, &c. to undoe 28. generall Councels hap∣pily not halfe 28.
• * 1.148

  Discipline in genere, accor∣ding to the Primitive Church, not in specie as they use it.
• * 1.149

  Delegibus.
• * 1.150

  Orat. in M. Anto••. per ser∣vos, per vim, per latrocini∣••m.
• * 1.151

  Vi. Na. Br. 14. s. 369. Jus perfe∣ctum cum possi∣deatur in pro∣miss imperfe∣ctum dum non possideatur pro∣miss.
• * 1.152

  Doct. & Stud. li. 1. 6. 2. s. 4. a.
• * 1.153

  § 9.
• * 1.154

  Rom. 13. 1. 2 Pet. 2. 13.
• * 1.155

  Oportet nos ex ea parte quae ad hanc vitam pertinet, subdi∣tos esse potesta∣tibus, i. homini∣nibus res huma∣nas cum aliquo honore admini∣strantibus. in li. expos. quarun∣dum propositi∣num, ex Ep. ad Rom.
• * 1.156

  Ep. l 7. c. 111.
• * 1.157

  Propter solen∣nitatem Sp. S. Diaconi dal∣maticis induan∣tur. Idem Decr. p. distinct. 76. de Jejunio.
• * 1.158

  Wi••lasius R••x Merciorum sub∣ditus Ethelwol∣phi regis west-Sax. Coronat. Ingolf. 856. l. 56.
• * 1.159

  Nec aliquis E∣piscoporum in Dioecesi colle∣gā suum super∣grediatur. Con. Carthag. c. 19. Burchard li. 1. ca. 64.