Animaduersions vpon M. Seldens History of tithes, and his reuievv thereof before which (in lieu of the two first chapters purposely pretermitted) is premised a catalogue of seuenty two authours, before the yeere 1215. Maintaining the ius diuinum of tythes or more, to be payd to the priesthood vnder the Gospell: by Richard Tillesley Doctor in Diuinity, and archdeacon of Rochester.

ANIMADVERSIONS on the fourth Chapter.

THe Methode of the Historie is to shew:* 1.1 first the practise, secondly the positiue Lawes, thirdly, the opinion of the right of Tythes, according to the distinction of Ages; Euery Chapter containing the distance of 400. yeeres; And in this Chapter the first 400. yeres from Christ are treated of: Wherein by way of Pre∣face, for the practise, this is his assertion. Till towards the end of the first foure hundred yeeres no payment of them can bee prooued to haue beene in vse. As a Tenth not at all in vse.* 1.2 In the Reuiew: It cannot bee prooued that any were paide.

[Animad. 1] Not to inferre the practise from the Constitutions or Homi∣liarie perswasions of the powerfull primitiue Fathers, (which yet with great probabilitie I might, presupposing the obedi∣ence of those first Christians to their godly Pastours:) nor to confesse the inconuenience of those dayes of persecution for so certaine a maintenance: But to insist vpon Testimo∣nie; Origen (whose opinion is plaine in the 18.* 1.3 of Numb. for the right) saith for the practise, Sed & in Nouo Testamento si∣militer veneraebilis est Decas — verum quia vnus author est om∣nium, & fons & initium vnus est Christus: Idcirco & populus decimas qu••d m Ministris & Sacerdotibus praestat; But also in the New Testament the Tenth is venerable, — But because there is one Authour of all, one fountaine, one beginning, e∣uen one Christ; therefore euen the people payeth Tythes to the Ministers and Priests. Next, (to omit S. Cyprian, whose places are after misinterpreted) S. Augustine,* 1.4 who was borne anno 350. saith, Maiores nostri decimas dabant: Our Ancestours paide Tithes. Then, the imperfect worke vpon S. Matthew,

either Chrysostomes or Coaetaneous with him, (before S. Augu∣stine) Quod si populus decimas non attulerit,* 1.5 murmurant omnes; If the people bring not Tythes, euery Priest murmureth. (These words are cited out of him by Zacharias Chrysopolita∣nus,* 1.6 circ. ann. 1101.) Besides the Councell of Gangra, con∣cerning First fruits (which haue the same reason, nay sense also,* 1.7 as Gratian saith) which against Eustathius, who would haue challenged them from the Church, made a Canon, and in the Preface sayth, Primitias quas Institutio veterum Eccle∣siis tribuit, First fruits which the Institution or practise of the Ancient hath giuen to the Church. Before the latter end therefore of these first foure hundred yeeres Tithes prooued to be payed. Nay, that presently vpon the leauing of the Apostolicall communitie of liuing, Id tunc vniuersis Sacerdo∣tibus placuit, It was decreed by all the Priests then, that Secu∣lar men, velut legalium decimarum necessitate compellerentur, should be inforced of necessitie to pay, as it were, legall Tythes: If therefore compulsion, then sure payment. Thus saith Cassian.* 1.8

* 1.9Entring the part of Practise, He proposeth the vnitie and communitie of liuing amongst them about Ierusalem. And the whole Church, both Lay and Clergie, liued in common. But this kinde of hauing all things in common scarse at all continued, for we see not long after in the Church of Antiochia euery one of the Disciples had a speciall abilitie, Act. 11.29. So in Galatia and in Corinth, where S. Paul ordained weekely offerings.

[Animad. 2] This Argument is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, since this liuing in common was not then embraced by any company of Christians, but at Ierusalem onely, for whose necessitie (hauing no en∣creasing profite from their land, because solde) against the time of dearth prophecied by Agabus, both this contribu∣tion, Act. 11. and the weekely collections, Rom. 15.1. Cor. 16.2. Cor. 10. were requested. In other places each man had a seuerall abilitie from the beginning: as for proofe euen see his owne Occam in loco citat. in opere 90. dierum, cap. 10. where out of S. Augustine lib. 3. de Doctrina Christian, cap. 6.

hee prooueth, Quod praeter Hierosolymitanam Ecclesiam, h••c non vllas Ecclesias gentium fecisse scriptum est; That besides the Church of Hierusalem, no Church is related to haue done so. Yet after also amongst other Christians that cōmu∣nitie of liuing was embraced vntill long after, as Tertullian.* 1.10

The monethly offerings giuen by deuout and able Christi∣ans, the Bishops or officers appointed in the Church, receiued. Vide Synod. Gangrens. Can. 66. (it should be Can. 7.)

[Animad. 3] It should be the Bishops and their Officers, Ab eo Con∣stitutum; which I rather obserue, because he calleth them in the next page, Elders appointed, as Oeconomi or Wardens: as if puritane Elders or Churchwardens, then disposed the estate of the Church, whereas none,* 1.11 but at the appointment of the Bishop might intermeddle: and he that did, was cal∣led Diaconus Sanctae Administrationis, or Praesidens Dia∣coniae.

The monethly offerings called Stipes, as Tertullian Apolog.* 1.12 cap. 39. & videsis cap. 42.

[Animad. 4] That these Stipes were in lieu of Tithes or proportionall in respect of the Clergie, himselfe interpreting the place in S^t. Cyprian acknowledgeth,* 1.13 and Lucifer Calaritanus may seeme to inferre by applying the Vae vobis Scribae & Pharisaei qui deci∣matis, Woe to you Scribes and Pharisees that tithe &c. to Constantius, saith in comparison, Homo qui cum Stipem non mo∣do rogatus, sed & tribuens sis, nonnunquam sponte, tamen vt saepe dictum est, proscribas Christianos, Thou art the man who al∣though vnasked, euen willingly giuest a Stipes, yet thou ba∣nishest Christians, &c. And they were in such quantitie that the couetous might growe rich by.* 1.14

Some authoritie is, that about this time lands began also to bee giuen to the Church: If they were so.

[Animad. 5] To remooue this doubting of lands then giuen; to his other authorities, the 2.* 1.15 Epistle of Pope Pius the first (cited al∣so by Hinemarus,) may be added, where he saith, praedia Di∣uinis vsibus tradita, possessions giuen to holy vses. And his owne interpretation after of S^t. Cyprians place de vnitate Ec∣clesiae,

for Tenthes of patrimonies giuen to the Church. Paulus Samosatenus Ecclesiae domo abstinere noluit,* 1.16 would not leaue the Churches house. And before the ende of the first 400. yeeres, Gregorie Nazianzen telleth, per multos extitisse qui totas etiam domos Ecclesus addici passi sunt; non defuisse etiam qui suapte sponte facultates omnes suas obtulerint; That there haue beene very many, who haue conueyed whole houses to Churches; that there haue not wanted some who voluntarily haue offe∣red all their substance &c. And S^t. Ambrose hee talkes of Agri Ecclesiae soluunt tributum, The lands of the Church pay tribute.* 1.17 To omit that Constantine the Great, praedia tribuere posse constituit, Gaue authoritie to conuey lands, as in the Treatise de Munificentia Constantini:* 1.18 And the phrase fructus Agrorum, in Concil. Antiocheno, The fruits of lands.

Those monethly payes, they called Mensurnas diuisiones. Cy∣prian. Ep. 27. & 34. & vide 36. Editione Pameliana.

[Animad. 6] Onely in one of those places is that phrase in the 34. Epi∣stle; those other quotations therefore are vnnecessarie.

Cyprian speaking familiarly — calleth the Brethren that cast in their monethly offerings fratres sportulantes lib. 1. Epist. 9. or, 66. Edit. Pamel. vnderstanding the offerings vnder the worde Sportulae.

[Animad. 7] Here the Authour is deceiued, for fratres sportulantes, are those, qui recipiebant, saith Pamelius, They who receiued; not they who cast in: which besides that it is plaine, to make a sense in S^t. Cyprian (whose place after shall bee examined.) Yet if he had but considered the very next words before his phrase, mensurn as diuisiones in the 34. Epistle, Edit. Pamel. or lib. 4. Epist. 5. veteris Edit. he could not haue so erred. For there, S^t. Cyprian writing to his Church of Carthage to enter∣taine Aurelius and Celerinus Confessors, whom he had already made Lectores, he addeth, Caeterum presbyterij honorem desig∣nasse nos illis iam sciatis, vt & Sportulis ijsdem cum presbyteris honorentur. But vnderstand that I haue an intention to make them priests, that they may be honoured with the same spor∣tulae, that is stipends as priests; Is not heere an euident inter∣pretation

of the phrase in honore Sportulantium fratrum to be no other, then such, qui in Ecclesia Domini ad ordinationem Clericalem promouentur, who in the Church of God are pro∣moted to the order of Priests, as in the words before in the Epistle? For whereas, those that were not in orders were content onely alimentis Ecclesiae & sumptibus parcioribus,* 1.19 with foode & some small allowance, as the same Father: Yet those in orders had besides honourable stipends, which were called Sportulae; So that heere Sportulae can not signifie offerings, and so in both, the sense was mistaken.

Sportula,* 1.20 to denote the oblations giuen to make a Treasurie for the Salaries, and maintenance of the Ministers of the Church, for this primitiue time: And to this purpose was it also vsed in later times. Conc. Chalcedon. in libello Samuelis, & aliorum contra Iban. Et Videsis Tom. 3. Concil. fol. 231. c. 31. Edi∣tionis Binnij, penultima.

[Animad. 8] That Sportula did not signifie any such oblations, is shewed before: and the quotations of the later times are much wron∣ged, and in them the Clergie, whose maintenance must arise out of Bribes, or bee so, if his sence might stand. For in both places Sportula signifieth nothing but Bribes; the words of the first are: Tertiodecimo, quia à Paganis incidentibus in pec∣catum sacrificiorum, accipiens Dainel Episcopus Sportulam, relinquit crimen, negocians & hinc sibimet lucrum. 13 Be∣cause Daniel the Bishop receiuing of his countrey dwellers, that fall into the sinne of sacrificing to Idoles, Sportulam, that is, a bribe, leaueth the fault vnpunished, euen thence raising gaine to himselfe. The words of the second, being in Con∣cilio in Palatio Vernis sub Pipino, Can. 25. Vt nullus Episcopus, nec Abbas, nec Laicus propter iustitiam faciendam, Sportulas contradictas accipiat, quia vbi dona intercurrunt, iustitia eua∣cuatur: That no Bishop, Abbot, or Layman, receiue Bribes, which are forbidden; for where gifts are, there is no iustice. I am sorry the Author should allot such wicked maintenance for so holy a profession.

By Saint Cyprians authoritie Epist. 66. Edit. Pam. (or lib. 1.

Ep. 9.) It is manifest that no payment of Tithes was in his time in vse, although some too rashly would hence inferre so much: those wordes, tanquam decimas accipientes, plainely exclude them.

[Animad. 9] These cannot exclude the paiment of Tithes then, if hee will consider their liuing together, either at the Bishops Sees, or at some Monasteries at the prouision of the Bishop by his Of∣ficers as himselfe confesseth the vse, p. 81. & 255. Of which Officers they did not onely receiue alimenta, but also Sportulas, as before. For then, vnlesse hee can prooue no paiment of Tithes to the Bishop, who besides the Sportulae of the Clergie, was also to contribute to the poore, his inference is nothing. And the phrase, In honore sportulantium fratrum tanquam de∣cimas ex fructibus accipientes, is such, by which he must needes inferre rather more then lesse; because hee acknowledgeth that the meanes of the Clergie being compared to the Leuiticall, was proportionable; and yet besides, the poore were relieued heere, as out of the Leuites they were not. But the Tanquam, was not for the proportion, which might bee equall, but for the kindes, they receiuing in Sportulis, in money and food, what the Leuites did in kinde; and therefore it is not said onely Tanquam Decimas, but it is added, ex fructibus, to ex∣presse the relation of the comparison. But for conclusion, that Tithes were paied there, besides the place next to bee obserued, the passage of Saint Augustine before, Maiores nostri Decimas dabant, being in the Prouince of Carthage, may well haue respect to these times (Saint Cyprians Martyr∣dome being not an 100. yeeres before the birth of Saint Au∣gustine.) But in his Reuiew about this place, he contendeth not much, neither more will I.

* 1.21Out of the place of Cyprian, in his booke De vnitate Eccle∣siae, § 23. in edit. Pamel. You may gather that no vsuall payment was of them; And in his Reuiew, not Tithes properly, but Tenths of Patrimonies are vnderstood: The words are, At nunc de Patrimonio nec Decimas damus.

* 1.22 [Animad. 10] The Authour acknowledgeth, the oblations were lesse, then

vsually before; and therefore that Saint Cyprian expresseth their neglect in these words, (no doubt of a Christian duetie) of paying Tenths at least, though according to Apostolicall practise, they would not sell all, and lay it at the Bishops feet. Now that these Tenths were of Annuall increase, not partes of patrimonies, besides the Legall word, Decimas, so pro∣perly signifying; and the praeposition De,* 1.23 denoting emana∣tion, not partition; the crossing of his doubting of the gift of lands before pointed at, might well haue procured the altera∣tion of so new an interpretation, especially since by the true sense, S^t. Cyyrians complaint may haue more latitude, because they were so farre from selling houses and lands to giue, as in the Apostles time, vnto the Church; that now, not so much as the Iewes did, they gaue not the Tythes out of their patrimonie: For otherwise to haue giuen the Tenth part of their patrimonie, might in the sentence of eloquent Saint Cyprian haue made no disproportion, since he doth not say, before Domus tunc & fundos omnes, or vniuersos, venundabant, which should haue shewed the difference from Tenth parts of patrimonies; and a great rich man might haue giuen Domus & fundos, and yet but the Tenth part of his patrimonie, and so haue made the Father complaine without cause; But last∣ly, if of the most S^t. Cyprian did not receiue Tenths, then hee might seeme to preach without power to perswade practise. For all the confident speach therefore of the Historian, that no Annuall encrease, or such Tenth is heere to bee vnderstood, I hope the contrary is manifest.

Christian Emperours, Gratian, Valentinian, and Theodosius,* 1.24 Anno 380. made lawes for Tenths of Mines and Quarries for the Emperours, when no Tythes of such things was thought of then.

[Animad. 11] But he forgets S^t. Ambrose, who claymed and had euen Tythes in those dayes as himselfe confesseth in the beginning of the next Chapter, who liued and conuersed with those Em∣perours, and by them was highly honoured; And as for that law, what neede it expresse any Ecclesiasticall Tythes, being

onely an imposition on the Miners, of paying a Tenth to the Emperours, and another to the Lord of the Soyle, in whose land by priuiledge they might digge for stones; not imply∣ing a denyall of a further dutie to God both personall and mixt.

* 1.25 [Animad. 12] And that at that time part of those Oblations were Tythes, whence Ammianus Marcellinus saith,* 1.26 that the Bishop of Rome, Damasus, was enriched (nay enuied, for as S^t. Hie∣rome speakes, Praetextatus, who composed the Schisme be∣tweene Damasus and Vrsicinus, Solebat ludens Beato Papae Damaso dicere, facite me Romanae vrbis Episcopum, & ero protinus Christianus; He was wont merily to say to Pope Damasus, Make me Bishop of Rome, and foorthwith I will bee a Christian;) Be∣sides the Canon made by him as Baronius relateth concerning Tythes (whereof after) as also Saint Hieromes Epistle to him of Tythes; the many passages of Saint Hierome which sometimes was at Rome, might bee sufficient testi∣monie.

[Animad. 13] And further that in Saint Chrysostomes time there were Tythes, amongst that for which the Clergie was enuied, may appeare by that before, Ex opere imperfecto, and other passages in the Catalogue.

* 1.27For Opinion, only Origen is produced, whose Greeke I neither haue nor could euer learne it to haue beene published: In his conclusion Origen leaues out Tythes. Thus the Author.

[Animad. 14] These two, seeme his arguments to slight this ful and groun∣ded opinion of Origen; in reciting which, what hee hath o∣mitted is in the Catalogue obserued. But for the first, since S^t. Hierome is the interpreter, and for the second, since Origen doth not onely say, but euen powerfully prooue the Diuine dutie of Tythes; those hidden exceptions may not blurre the trueth of the authoritie, to which what other Testimonies either before, or in that age I haue obserued, are placed in the Catalogue.

* 1.28In the Constitutions of the Church. The Constitutions A∣postolical by Clement are iudged supposititious, both in ge∣nerall:

First, for that they are branded for counterfeits in an Oe∣cumenicall Councell. Syn. 6. in Trullo. Can. 2. And secondly,* 1.29 for that in them the fiue and twentieth day of December is affirmed there to be the Feast of Christs Natiuitie, whereas the learned know not vntill S^t. Chrysostomes time, that day was not setled, but va∣riously obserued of the Easterne Church, which should haue had specially notice of the Apostolike Canons, And S^t. Chrysostome then learned that time of the Westerne and Latine Church, as Ho∣milia de Natiuitate.

[Animad. 15] I intend no defence of the whole volume of the Constitu∣tions Apostolicall by Clement, against which many others haue produced most valide obiections: yet these reasons in respect of the Canon of Tythes are too weake. The Coun∣cell at Trullus reiected them; because Iam olim ab ijs qui à fide aliena sentiunt, adulterina quaedam & à pietate aliena introducta sunt, quae diuinorum nobis elegantem ac decoram speciem obscura∣runt; Now a long time agoe, Heretikes haue foisted in many false and impious things,* 1.30 which haue obscured the elegant and seemely shew of what in them is diuine, as in the Ca∣non. So Gelasius. 1. also for the corruptions, iudgeth them Apocryphall. But can the Authour prooue these of Tythes to bee corruptions? what olde heresie brought in these? what impietie is in the claime? what improbabilitie is in the time, since the succeeding fathers challenge them? To whose benefit, considering the exceeding liberalitie of the former dayes before the Councell of Trullo or Gelasius, could the ordinance onely of a Tenth be? Although therefore o∣ther parts be to be accounted Adulterate and Apocryphall, yet if any be, this is surely Apostolicall.* 1.31 Quod vniuersatenet Ec∣clesia, nec concilijs institutum, sed semper retentum est, non nisi Apostolica authoritate traditum rectissimè credimus: What the whole Church hath alwayes retained, not originally ordai∣ned by Councels, wee beleeue to be a Tradition by Aposto∣like authoritie.

[Animad. 16] The second exception is vntrue, and answered by S. Chry∣sostome himselfe, who in the very Sermon quoted, De Natiui∣tate,

speaking against those (it seemes of the prouince of Hierusalem) Qui putant quod in Epiphanijs nascitur, That Christ was borne in the Epiphanie, saith for the confirmati∣on of the Day now obserued: Non sunt nostra quae loquimur, maiorum sententia est, vniuersus mundus contra huius prouinciae opinionem loquitur, What we speake, is not our owne inuenti∣on, it is the opinion of the Ancient, the whole world speakes against the opinion of that Prouince. Here is vnitie, antiqui∣tie, vniuersalitie. Hee proceedeth, Vobis qui dixerunt? qui sunt in ista prouincia vtique Apostoli Petrus & Paulus, & caeteri Apo∣stoli? vos eiecistis, nos suscepimus; Petrus qui hic fuit cum Io∣anne, qui hic fuit cum Iacobo, nos in Occidente docuit: & vestri igitur & nostri Apostoli Magistri sunt.— Alibi pax erat, hic (i. at Hierusalem) bellum, Magis itaque traditio ibi debuit ser∣uari quam hic vbi discordia — Hoc totum dicimus quia nobis di∣cunt; Hic Apostoli fuerunt, hic Traditio fuit: praedicationi no∣strae creatura consentit, mundus ipse testis voci nostrae, vsque ad hanc diem tenebrae crescunt. — Simulque considerate inter Do∣minum & Ioannem Baptistam sex menses sunt: Who tolde you? What did Peter and Paul and the other Apostles that were in that Prouince? You excluded them, wee receiued them: Peter that was at Hierusalem, that was there with Iohn, that was there with Iames, hath taught vs in the West: In other places was peace, there was warre at Hierusalem: bet∣ter therefore might the Tradition be preserued there, then here where was discord.— This wholly wee say, because they obiect, Here were the Apostles, here was the Tradition. To our words, the creatures consent, the world is witnesse to our sentence, for vnto this day be the dayes shortened. Al∣so consider, how betweene the Natiuitie of our Lord, and S. Iohn Baptist, were sixe moneths. Out of which, the falshood of his collection is euident, euen made and answered by S. Chrysostome; The Easterne Church should haue had specially no∣tice of the Apostolicall Canons, so Hee: Hic Apostoli fuerunt, hic Traditio fuit, so they. But for all this, S. Chrysostome de∣fends the Tradition from S. Peter, and shewes the probabi∣litie;

not infringing the authoritie of Peters Tradition from this Constitution, as our Author doeth; but confirming this Constitution to be S. Peters, though the Easterne Church did not practise it; And prooueth it, by the distance of sixe mo∣neths from the birth of Iohn Baptist, whom to haue beene borne according to the Churches account, he supposeth the Easterne Church allowed.

Neither is that Argument of any weight; The Easterne Churches did otherwise then is contained in these constitutions, therefore there were no such constitutions, or not knowen to them, since the controuersie about the celebration of Easter in Polycrates and Victors time shewed, that therein there were diuers practises from diuers Traditions; as euen in this Argument was pretended: and the Tradition of S. Pe∣ter seemeth not to be vnknowen, but by these not to be ap∣prooued. I will not call this Argument grosse, and ridiculous, and deceiuing, with many other bad names, as Hee calls the same Argument, being but affirmatiuely proposed: And what difference in consequence of Reason betweene praecep∣tum est, ergo factum; and non factum est ergo non praeceptū? and yet, this must serue his turne, though amongst them, who being vnder diuers gouernments, haue diuers Traditions; through the sides of Clement to weaken the authoritie of the receiued custome of the obseruation of Christmas day in the Churches of Christendome: And yet if wee from a Canon of the Church and Statute of a kingdome, and those groun∣ded vpon the Law of God, doe inferre charitably, that there∣fore, at that time, in these gouernments, such was the practise of that, which is now allowed in all these seuerall gouern∣ments; yet such Arguments must be hist at.

So much in generall; but in particular, first, the constitution for Tythes, is iudged fained and counterfeit: because, had it beene the Apostles ordinance or vse of the Church in the Primitiue times, Origen, Tertullian and Cyprian (hauing such occasion to mention them) could not haue beene so silent of it: In the next succeeding age, the Councels, who talke of the goods of the

Church, and offerings of the fruits, would haue mentioned them.

[Animad. 17] Origen and Cyprian claime them, and name them as in vse, as before and in the Catalogue: Tertullian hee excludes them not by his Stipes, which either in respect of the paucitie of the Clergie affoorded a liberall maintenance, or were ouer and aboue Tithes, which because before were paid to Idoles seruice, were not thought as a charge to any new conuerted; for Tertullian, euen in the same chapter where hee names them Stipes remembreth the excesse of the feasts, Herculana∣rum decimarum, of Hercules Tithes; and the custome of the Carthaginians, vnder which gouernement hee liued may per∣swade it, whereof before in the 3. Chapter. And yet further, Tertullian in the 42. chapter of the same Apologeticke saith, plus nostra misericordia insumit vicatim, quam vestra religio templatim, our bountie bestowes more almes in each village, then your religion in your Churches: So that these Stipes were no such contemptible portion.

The succeeding Councels what need they name Tenthes, since as Agobardus saith,* 1.32 Nulla compulit necessitas, feruente vbi∣que religiosa deuotione, & amore illustrandi Ecclesias vltro aestu∣ante, that is, They needed make no Canons to claime them, for then they must haue claimed them as Tithes, but onely to dispose them, and so the name of goods, or offerings, or fruits, or Redditus, or such like were more proper: because not Tenths as Tenths were diuided by the Bishop, but an estate of them together with Rents and oblations were Canonically dispensed. They were Tenths as from the Layetie, goods as in the Clergie, or to respect both, offerings. When the Councels challenge them, they are named as in the Canon of Pope Da∣masus afterward.

2. The constitutions of Clement for Tithes are thought forged, First, for their pride, for in his Reuiew pag. 464. Hee saith lib. 2. cap. 34. the supremacie of all power is arrogated in the same to the Clergie, it being there commanded, the priests to bee honoured as kings, and haue tribute payed them as kings, And

that they are so bold as to apply that in Samuel, touching what a king would doe in taking from his Subiects to the power of Bi∣shops as if they should doe so,* 1.33 and they affirme it as much more reasonable, that Bishops should doe so, and constitute and ordaine the same wholly — for Bishops as for kings.

[Animad. 18] An ingenuous Reader, that shall consider the purpose of that constitution, by way of perswasion from the duety of the Fift commandement in the sustentation of Parents, either naturall, as in the chapter before, or politicke, as in that; to require maintenance for the fathers and rulers of the soules, shall ea∣sily perceiue such imputations of arrogant claime to be vn∣iustly laid vpon that constitution: and therein, that the Author hath discouered more will to oppose, then hee had reason, onely, (I may doubt) to make odious the cause of the Church or Clergie, for whom yet there is onely claimed quae sunt ei à Deo constituta ad alendum eum & Clericos eius, what God hath appointed for the sustenance of him and his Clergie.

[Animad. 19] As also in the next exception, where he saith that the Au∣thours reckoning vp the Ten Commandements, make the Tenth to be, Thou shalt not appeare emptie before the priests; whereas, there the Authours reckon other morall duties which are not immediatly praecepts of the Commandements, though this as those in the sense required is a like morall, And if by chance it hapned to be the Tenth, it needed not such a flout.

[Animad. 20] Neither is that other constitution of S^t. Matthe•• lib. 8. cap. 30.* 1.34 other then what is alwaies after commanded that the Reuenues of the Church should by the Clergie bee disposed, besides their owne necessities to relieue the poore: And in that diuision of Primitiae to the Priests and Deacons, and De∣cima to the rest of the Clergie, it is but a Canon of order, that the best should haue the best, and those were the Primi∣tiae. But this also was Gods praecept in the Law, Numb. 18. whereupon Eucherius saith,* 1.35 Primitiae frugum caeterarumque re∣rum Sacerdotibus, Decimae vero Leuitis deputabantur, The First fruits of corne and other things were appointed to the Priests, but Tithes to the Leuite.

* 1.36But howsoeuer, what by the censure of Gelasius, and the Councell of Trullo, and the saying of Agobardus. Licet ijdem libri iudicentur Apocryphi, plaeraque tamen ex his testimonia inue∣niuntur à Doctoribus vsurpata, Although the same bookes are iudged Apocryphall, yet out of them many testimonies are found vsed by the Doctours: and by the concession of our Au∣thour since they were written 1000.* 1.37 yeeres agoe: they are good authoritie for the Antiquitie of claime, if not of consti∣tution, and therein may also countenance The counterfeit Ca∣nons of the Apostles.

* 1.38Against which, in the next place, he opposeth his censure thus. The Can. 3. and 4. onely are indeed of First fruits, al∣though touching them by that name, certainely no Law was made vnder the Apostles; but no words of Tenths.

[Animad. 21] The Canons of the Apostles though for the whole number of 85. they haue small authoritie with the learned, both Pro∣testants and Papists, to be Apostolicall; yet the first Fiftie haue had defenders both Protestants and Papists, though few are practised by either: But His exception is euen petitio princi∣pij, certainely no Law made vnder them for First fruits; to oppose this Law made. I leaue the defence of all the first fiftie Ca∣nons to Frigiuillaeus Gautius.* 1.39

And for this particular, let the Authour consider whether this may not seeme Apostolicall, since Iraeneus saith, Offerre oportet Deo Primitias,* 1.40 we must offer First fruits to God. And Origen, Decet, & vtile est etiam Sacerdotibus Euangelij offerre primitias, It is decent and profitable to offer first fruits to the Priests of the Gospel. And the Councell of Gangra Anno 324. Primitias quas veterum institutio Ecclesiis tribuit,* 1.41 First fruites which the institution of the Elders haue giuen to the Church: besides the later authoritie of Gregorie Nazianzene,* 1.42 where he beginnes. Que madmodum areae & torcularis Primitias, & filiorum eos qui vere filios amant Deo consecrare iustum ac pium est, quoniam ab ipso & nos ipsi & nostra omnia sunt, As it is right and religious to consecrate to God, the first fruits both of the floore and winepresse, so of their children if they truely loue

them, because from him both we our selues & ours are. And S^t. Chrysostome, and S^t. Hierome might be added. Besides the practise euen in the Greeke Church,* 1.43 (though after) as Theo∣doret doth relate of Theodosius the Monke, who there speaking of the labour of the old Religious, saith,* 1.44 Est enim absurdum vt ij quidem qui aluntur in vita seculari, se affligentes & laborantes alāt filios & vxores, & propterea & tributū conferant, & ab ijs exigan∣tur vectigalia, & Deo offerant primitias, & mendicorum pro viri∣bus medeantur inopiae; Nos autem non quaeramus ex laboribus &c.

For it is absurd that Lay men should afflict themselues, and labour to keepe wiues and children, and besides pay Tribute, and answere customes, and offer First fruits to God, and for their abilitie releeue the poore, And wee Monkes doe not labour, &c. To which, many more authorities might bee added. Whether then, this Canon may not bee thought Apostolicall, since it was so immediately after the Apostles taught, and no other Canon before can be produced to command it, let the Reader iudge? And heere though our Authour deride it pag. 464. The version of Ioannes Quintinus in Zonaras his Com∣ment on the Canon, rendreth it by Decimas aswell as Primitias, and so also in the Interpretation of Zonaras; and so in defend∣ing the Canon for first fruits, we haue light on Tythes, which yet he saith are not mentioned.

The Canon also of a Councel about the yeere 380.* 1.45 vnder Pope Damasus, related by Baronius ad annum 382. to be in the Legend of this Pope, which was vsed to bee read in the Church, is confidently affirmed to bee supposititious, and pag. 134. a fained one, because taken out of a Legend, neuer receiued as Canonicall in the Church; not the eldest Code of the Church of Rome remem∣breth them: whereas some Decrees of this Pope are dispersed in the Compilers, and c. 10. q. 1. c. Hanc consuetudinem, one espe∣cially — being made onely for the disposition of such things as were giuen to the Church▪ speakes onely of oblations. Neither before Bi∣nius his Edition had any volume of Councels receiued them.

[Animad. 22] Although Baronius authoritie with me haue no great cre∣dit, yet with the Authour, mee thinkes it should; since euen

against the testimonie of indeed very ancient Authours (as in the Reuiew he confesseth) that great and most learned Cardinal Baronius,* 1.46 * 1.47 (as he stileth him) must be preferred: yet his rea∣sons are too weake against it.

For the name of Legend, though (through the shamelesse and impudent relations of lying Monkes in the late Legenda Aurea) it be ill conceipted of; yet this in those purer times, and many others which were vsed to be read in the Church, must haue better construction, or else we must imagine that those holy Fathers would admit falsities to be publikely pro∣claimed for trueths; who yet in the Councell of Laodicea, as they were very carefull that nothing were read but Scrip∣ture;* 1.48 so in the 3. at Carthage, onely added, Liccat etiam legi passiones Martyrum, cum Anniuersarij dies eorum celebrentur: Let the passions of Martyrs be read on their Anniuersaries: yet made a Canon in the Mileuitan and African Councels,* 1.49 Vt preces & orationes, nisi probatae fuerint in Concilio, non dican∣tur, &c. ne forte aliquid contra fidem, vel per ignorantiam, vel perstudium sit compositum: That no prayers or orisons bee, vnlesse they bee allowed by a Councell, l••st through igno∣rance, or of purpose, any thing might bee composed a∣gainst the Faith,* 1.50 as Agobardus citeth it; though in the Ca∣nons themselues are also praefationes and commendationes. How then shall wee mistrust this, because then a Legend, though after indeed they were stuft with lies?

And since they were in a Legend, which was vsed to bee read in the Churches, sure they were receiued as Canonicall, that is, true; though not into the Code of Canons by the ancient Compilers, to whose knowledge, although the other Coun∣cell, and some Epistles and Decrees might come, yet this Councell being in a Legend (no likely place for Canons) and the reading thereof hauing beene disused, or not in those places, might well scape the most diligent enquirie of the Compilers.

* 1.51And in that they cite one Canon of him, which beeing made onely for the disposition of such things that were gi∣uen

to the Church, yet speakes onely of oblations, not na∣ming Tithes, or first fruits; yet out of that Canon I con∣ceiue the probability both of this Canon, and Saint Hieromes Epistle to him. That Canon is against a wicked custome of Lay men, which then increased against the holy Catholike Church, Qui oblationes quae intra sauctam Ecclesiam offerun∣tur, sub dominio detinebant; who did reteine in possession the oblations offered in the Church, whom hee doeth Anathe∣maize. Now that in these Oblations, more then the volun∣tary offerings were meant; obserue how hee saith, Si quis contra hanc regulam nostram, & contra sanctorum 318. Pa∣trum, qui in Nicaeno Concilio hoc constituerunt, temerarius praesumptor fuerit, & vlterius oblationes de sacris Ecclesijs au∣ferre molitus est, &c. If any, against this rule of ours and of the 318. Nicene Fathers, who there ordeined it, shall be a rash praesumer, and hencefoorth offer to take oblations out of holy Churches, &c. But this can haue reference to no Coun∣cell, but that of Gangra (indeed composed of the Nicene Fa∣thers) Can. 7. Si quis oblationes Ecclesiae extra Ecclesiam ac∣cipere, veldare voluerit, &c. Anathema: where that Primitiae (and Decimae also, as c. 16. q. 1. In Canonibus) are vnderstood the diuers translations, but especially the Praeface doeth ma∣nifest; where amongst the errours of Eustathius, against whom that Councell was, this was one, Primitias quoque fru∣ctuum & oblationes eorum, quas veterum Institutio Ecclesijs tri∣buit, sibimet vindicasse, &c. If therefore by the generall name of oblations, some more speciall maintenance may be vnder∣stood: why might not Damasus in some Councel make such a Canon, vt Decimae & primitiae à fidelibus darentur, & qui de∣trectarent, Anathemate ferirentur, That Tithes and first fruits might be offered by the faithfull, and the withholders might be excommunicated?

And why might not both these haue beene published vp∣on the determination of S^t. Hierome (who was the Oracle to Damasus) in that Epistle? If therefore the first Canon bee truely his, this Canon and Epistle haue great probabilitie and

occasion to haue beene, though not vntill Binnius time out of Baronius obseruation, these were set foorth amongst the Councells. Oblations detained by the Laitie, why not then a Canon to forbid it? and why may not a question of the right bee resolued in an Epistle? But to take away that which might seeme to be colour for this Canon:

The Epistle of Saint Hierome as written to that Pope vpon that Question, vtrum vsus Decimarum & oblationum secula∣ribus peruenire possit, related c. 16. q. 1. c. quoniam, is iudged counterfait: neither tasts it of him, or of any neere that age: nor hath it euer beene receiued amongst that most learned fathers workes, saith he.

[Animad. 23] This Epistle for that part which is in c. 16. q. 1. c. quoniam, albeit it resemble not the swelling stile of that eloquent Father, and containe doctrine euen contrary to his, in his Epistle to He∣liodorus where he saith, Alia Monachorum est causa, alia Cleri∣corum, Clerici pascunt oues, ego pascor, Illi de Altario viuunt, mihi quasi infructuosae arbori securis ponitur ad radicem, si munus ad Altare non defero, There is one condition of Monkes ano∣ther of Clarkes, The Clergie feed, I am fed, They liue of the Altar, but the axe is at the roote of me as an vnfruitfull tree, if I offer not at the Altar: Whereas this Epistle resolueth, that Monkes may haue Tythes and so viuere de altari, liue of the altar, not onely attendendo paupertatem, in regard of neede, but attendendo religionem in regard of order in re∣ligion.

Yet for all the reasons of our Author it may seeme probable to bee his. If it taste not of him or that age, for the doctrine of Tythes due; that is manifested in the Catalogue both out of himselfe and others of his time, not to bee vnconueni∣ent. If for the occasion of the determination of such a questi∣on, that is manifest before out of the Canon, c. 10. q. 1. Hanc consuetudinem, which from S^t. Hieromes resolution in this Epistle had the Counsell, as to him that reades the Chap∣ter next saue one before c. quia Sacerdotes, it may plainely ap∣peare. Grant therefore, that may be of Damasus, and this

may be S. Hieromes, or of his age. If it taste not of him for the style, though it may not be S. Hieromes, yet in that age euery one wrote not so eloquently as hee. And that this was not receiued into his workes, perhaps was, for that some fragments onely remaine, and not the whole Epistle. But this to be S. Hieromes surely Innocent the third thought,* 1.52 or else hee would not haue suffered the authoritie out of this Epistle to be vrged against a plaine sentence of Leo his pre∣decessour, and haue striued to reconcile them. But this is e∣nough against the Authour, who makes weake exceptions, and the last is his owne Marginall quotation.

Notes

• * 1.1

  P. 35. Num. 1.
• * 1.2

  P. 34. P. 406.
• * 1.3

  Hom. 16. in Genes.
• * 1.4

  Hom. 48. Inter quinquaginta Hom.
• * 1.5

  Hom 44.
• * 1.6

  Lib. 3. vnum ex quatuor. c. 141.
• * 1.7

  Cap. 16. qu. 1. In Canonibus.
• * 1.8

  Collat. 21. c. 30.
• * 1.9

  P. 36.
• * 1.10

  Apologet. cap. 39.
• * 1.11

  Cyprian. lib. 2. Epist. 8. Cassianus Col∣lat. 21. cap. 1.
• * 1.12

  Pag. 37.
• * 1.13

  Pag. 39. Lib. 2. pro Ana∣thasio pag. 132.
• * 1.14

  Cyprian. lib. 2. epist. 7.
• * 1.15

  Dialog. de sta∣tu Ecclesiae. pag. 657.
• * 1.16

  Euseb. Hist. lib. 7 cap. 29. Epist. 80. Aste∣rio & Alypio.
• * 1.17

  Epist. 32. lib. 5.
• * 1.18

  Conciliorum Tom. 1. Editio Venere. pag. 472. Can. 24. & 25.
• * 1.19

  Lib. 1. ep. 10.
• * 1.20

  P. 38.
• * 1.21

  P. 39.
• * 1.22

  P. 460.
• * 1.23

  Pag 37.
• * 1.24

  Num. 2. C. Tit. de M••tal∣larijs l. 3. cunct. &c.
• * 1.25

  Pag. 40.
• * 1.26

  lib. 27. Hierom. Ad pammachium contra Errores Ioan. Hierosolo∣mynitani.
• * 1.27

  Num. 3.
• * 1.28

  P. 42. num. 4.
• * 1.29

  P. 463.
• * 1.30

  Can. 2.
• * 1.31

  August. de bap∣tismo contra Donatis••as, lib. 4. c. 23.
• * 1.32

  Operum p. 276.
• * 1.33

  1. Sam. 8.
• * 1.34

  Pag. 462.
• * 1.35

  In quaesi. sup. Leuit.
• * 1.36

  Lib. de Iudaicis superstitioni∣bus, pag. 81.
• * 1.37

  P. 464.
• * 1.38

  P. 43.
• * 1.39

  In palma Chri∣stiana, lib. 4. cap. 34.
• * 1.40

  Hom. 11. in Num.
• * 1.41

  In praefat.
• * 1.42

  Epist. 80. Aste∣tio & Alypio.
• * 1.43

  Hom. 35. in gen. In 3. Malach.
• * 1.44

  Religios. Hist. cap. 10.
• * 1.45

  Pag. 43.
• * 1.46

  Pag. 465.
• * 1.47

  Pag. 52.
• * 1.48

  Can. 12.
• * 1.49

  Can. 70.
• * 1.50

  Operum p. 387.
• * 1.51

  C. 10. q. 1. Hanc consuetudinem.
• * 1.52

  Extr. de his quae fiunt à praelat. c. cum Apostolica.