An historical vindication of the divine right of tithes from scripture, reason, and the opinion and practice of Jews, Gentiles, and Christians in all ages : designed to supply the omissions, answer the objections, and rectife the mistakes of Mr. Selden's History of tithes / by Tho. Comber ...

THE CONTENTS Of the several CHAPTERS and SECTIONS.

• Chap. I. Of Tithes before the Law.
  • §. I. THat some part of our Estate is due to God by the Law of Nature, pag. 1
  • §. II. The Patriarchs were taught by Revelation that the Tenth was that part, p. 2
  • §. III. Of Abraham's paying Tithes to Sem, the Chief Priest of that time, p. 4.
  • §. IV. That he paid Tithes of all his Estate, and probably annually, p. 6
  • §. V. Of Jacob's paying Tithes of all his Estate also, p. 11
• Chap. II. Of Tithes under the Law.
  • §. I. That Tithes were supposed due before Moses Law enjoyned them, p. 15
  • §. II. An account of the Jewish manner of paying First-fruits and Tithes, p. 17
  • §. III. That the Poor had every third year a third Tithe, beside the first or Levites Tithe, and the second Tithe for feasts, p. 19
  • §. IV. The Jews ordinarily paid above a fifth part in First-fruits and Tithes, p. 20
  • §. V. Of their Tithing Cattel, p. 22
  • §. VI. &c. Of their paying small Tithes, and how long the Jewish Tithing continued p. 23
  • §. IX. How far the Levitical Law strengthens our claim to Tithes under the Gospel, p. 24
• Chap. III. Of Tithes among the Gentiles.
  • §. I. That the Phoenicians, Graecians, and Asiatics, generally and annually paid Tithes of all, to some or other of their Gods, p. 29
  • §. II. That the Romans and other Heathen Nations did so also, p. 35
  • §. III. Mr. Selden's Objection against the universality and constancy of the Gentiles paying Tithes, answered, p 41
• ...Of Tithes under the Gospel.
  • Chap. IV. Of Tithes from Christ's coming till An. 400.
    • §. I. Tithes are due by Christs Ordinance to the Ministers of the Gospel, because never expresly repealed, and plainly enough required by di∣vers Texts of the New Testament, and the Objections made against this fully answered, p. 45

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    • §. II. That Tithes were the least proportion paid by the Primitive Christi∣ans during the first 400 years, and the Practice of that time, p. 58
    • §. III. The Opinion of the Fathers, viz. Irenaeus, Origen, Cyprian, Epipha∣nius, S Chrysostom, and S. Ambrose, all in this Period, was, That a Tenth part at least was due by the Law of God, p. 63
    • § IV. The Canons made in the Synods of this Age suppose Tithes were paid well, and direct how they are to be distributed, p. 71
  • Chap. 5. Of Tithes from An. 400 to An. 800.
    • §. I. The Opinion of the Fathers of this Period, viz. S. Hierom, S. Augustine, Isidore of Pelusiam, Cassian, Prosper, Sidonius Apollinaris, S. Severine, Caesa∣rius Arelatensis, and others produced to prove they believed Tithes were due to the Gospel Ministers Jure divino, p. 75
    • §. II. The Practice of assigning Tithes to particular Churches and Mona∣steries by the Bishops consent in this Period, p 85
    • §. III. That Charles Martel did take away Tithes from divers Churches in France, that had been endowed with them before An 742, p. 87
    • §. IV. The Councils of Mascon, Hispalis, Toledo, Friuli, &c. declare Tithes to be due Jure Divino, and expresly enjoyn them to be paid, p. 91
    • §. V. Mr. Selden's Objections against these Canons, and the other Proofs in this Period fully answered, p. 97
  • Chap. VI. Of Tithes from An. 800 till An. 1200.
    • §. I. Practice of paying Tithes in this Period sufficiently clear, and freely confessed by Mr. Selden, p. 102
    • §. II. That no Lay-men did then give Tithes to any Monastery, without the Bishops consent; and all Mr. S. his pretended evidences of arbitra∣ry Lay-Consecrations in this Period, particularly disproved, p. 104
    • §. III. Of the Original of Lay-Patronages, and that no Lay-Patron had a∣ny interest in the Profits of the Church, nor could he put in his Clerk, or make any Appropriation of a Church, but by the Bishops Grant and consent, p. 112
    • §. IV. That all Infeodations of Tithes came from the Church at first, p. 130
    • §. V. That all Exemptions from Tithes came from the Popes exorbitant Power, p. 134
    • §. VI. The Councils and Fathers of this Age are clear for the Divine right of Tithes, and no allowed practice of that time doth either contradict or oppose that Opinion, p. 136
    • §. VII. The Secular Laws of Princes in this Period enjoyn payment of Tithes under strict penalties, and were obeyed and put in full execu∣tion, p. 140
    • §. VIII. The Clergies consent to endow Monasteries with Parochial Tithes, doth not prove they thought them not due Jure Divino, p. 146
  • Chap. VII. Of Tithes since the Year 1200.
    • §. I. That the right of Parochial Tithes was setled long before the begin∣ning of this Period, p. 150

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    • §. II. The Canonists were of Opinion Tithes were due by Divine right, p. 153
    • §. III, IV, V. The Reasons why the later Schoolmen and some others oppo∣sed this Opinion, p. 154
    • §. VI, VII. An account why the modern Secular Laws of some Countries do permit some Practices, that agree not with the ancient and true O∣pinion of the Divine right of Tithes, p. 160
  • Chap. VIII. Of the English Laws for Tithes.
    • §. I. Tithes believed due, and paid by the Saxons, and some Laws made for them, from the beginning of their Conversion unto An. 750. p. 165
    • §. II. The famous Canon of the Council of Calcuth, An. 787, p. 169
    • §. III. The Donation of Tithes, and the general Law for them by King E∣thelwolph, ibid.
    • §. IV, V, VI, VII, VIII, IX, X, XI, XII, XIII. The Laws of King Alfred, Ed∣ward the Elder, Athelstan, Edmund, Edgar, Ethelred, Canutus, and Ed∣ward the Confessor, for Tithes before the Conquest, p. 171
    • From §. XIV. to §. XXXI. The Laws and Canons for Tithes made in the time of William the Conqueror, William Rufus, Henry the First, K. Stephen, Henry 2. Richard 1. K. John, Henry 3. Edward 1, 2, & 3. Richard 2. King Henry 8. and Edward the Sixth, p. 175
  • Chap. IX. Of Parishes in England.
    • §. I. Of Parish Churches, and their endowment among the Britons, p. 182
    • §. II, III. Of the beginning of building and endowing Parish Churches a∣mong the Saxons, and the division of Parishes by Honorius Archbishop of Canterbury, p. 184
    • §. IV. Of the increase of Parishes, and the setling of Parochial right long before the days of King Edgar, p. 186
  • Chap. X. Of the Practice of Tithing here.
    • §. I. Some Saxons paid Tithes before their Conversion, p. 189
    • §. II. That the Britons, Saxons, Danes, and Normans, did generally pay Tithes according to the Laws, and all Mr. Seldens Objections to make it seem doubtful, answered: together with a refutation of that Common Er∣ror, that Men might arbitrarily give their Tithes to what Church they pleased before the Council of Lateran, p. 191
  • Chap. XI. Of Arbitrary Consecrations from An. 1000 till An. 1200.
    • §. I. That all Assignations of Parochial Tithes in England to the Monaste∣ries, were made by the Bishops leave, and every one of Mr. S. his pre∣tended Examples of arbitrary Lay-Consecration, particularly dispro∣ved, by express Charters of Bishops, and other good Proofs of Epis∣copal Consent out of the Monasticon and other Authentic Records, p. 200
    • §. II, III, & IV. Divers Objections of Mr. S. against the prevalency of Paro∣chial right, taken from collating Incumbents, liberty of building New Churches, Tithes of the Kings Forrests, &c. answered, p. 222

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  • Chap. XII. Of Appropriations in England.
    • §. I. All Appropriations of Tithes here, were first made by the consent of the Bishops, and the manner of making a Church appropriate, p. 227
    • §. II. Mr. S. his pretended Instances of Lay-mens appropriating Churches, disproved, p. 230
    • §. III, IV, & V. That the Patrons could not dispose of the Profits of their Churches, in part or in whole, without the Bishops concurrence, p. 235
  • Chap. XIII. Of Infeodations and Exemptions.
    • §. I. That there were anciently no Infeodations of Tithes here, p. 240
    • §. II. That all Exemptions in England originally came from the Pope, and whether Conscience do not oblige such as do now enjoy them, to make some Compensation, p. 241
  • Chap. XIV. Of the Jurisdiction of Tithes.
    • §. I: That the Jurisdiction of Tithes regularly belongs to the Bishops Courts, p. 243
    • §. II. That anciently these Causes were tried there, ibid.
    • §. III. Concerning the Antiquity and the Practice of Prohibitions, p. 245
    • §. IV, V, & VI. Of some special Processes relating to the Tithes of the Kings Demesns: and the Conclusion, p. 246