THE REVENVE OF THE GOSPEL IS TITHES, Due to the ministery of the word, by that word. Written by FOULKE ROBARTES Bachelor of Divinity. Vict●ma sacra Deo 〈…〉 Hin● aqu●●●, ●d ●ullo 〈…〉. 〈…〉, Sacrileg●que sacer de●●orat●gn● 〈◊〉. Sic mutuate qu●●ur● de●●● 〈…〉 ●t sa●●as aud●● 〈…〉. The sacred o●●●●ing bro●●e●●●he 〈…〉▪ A g●l●●he 〈…〉 to her 〈…〉▪ A spark 〈…〉, Be●●●d her 〈◊〉, & b●rnt up all her wealth. ●● let him fear, who ●●e he be t●at 〈◊〉 〈…〉 god● 〈…〉 & ●he c●urch●● s●●a●e. Printed by CANTREL LEG Printer to the University of CAMBRIDGE. 1613. ❧ REVERENDO in Christo Patri ac Domino, JOHANNI JEGONO, divinâ providentia Episcopo NORDOVICI vigilantissimo, Diocesano suo indulgentissimo. ET ❧ HONOR ATISSIMO viro, EDVARDO COKO Militi, summo totius ANGLIAE Institiario, Serenissimi Regiae Ma●●●a●i à Consi●us san●●●ribus, Do●●no suo singulari. FOULCO ROBARTESIUS diu indies in terris cumulatum honerem & gloriam in coelis tandem sempi●ernam religiosissime precatur. ARdua debilibus praestat quicunque lacertis, Hic validis sulcris auxiliandus erit. Debilis Herculeos ego pertentare labores Ausus, sublicijs incubo marmoreis. Anterides duo vos stabiles, ceu marmoris, est. 〈◊〉: Quique Atlantaeam ferre soletis ope●●. TU. Pater, ●● Pa●●●● qu● 〈…〉, Sed●●o incumben● 〈…〉, Pastorum dec●●●●, qu●●●i●ula sa●ra v●rend●s Re●d●●, qui Pe●●● more tuentur o●es. Ampla dem●●● 〈…〉 Pra●i●● ga●●●●: Dum 〈…〉 e●●peranter 〈◊〉. TV 〈…〉 〈…〉. In 〈…〉 Terras 〈…〉. 〈…〉. 〈…〉, 〈…〉. TV, PATER INDULGENS, IT TV, VEN●RANDE V●R●RVM, In fortes humeros excipiatis onus. Excipiatis onus. tremula gravitate reclinans, Auxilium ●imide, suppl●●●terque petens Supplicat●en) vobis▪ in FOR●A PAUPERIS, ipse Christus, opem vestram subs●diumque rogans. Supplicat, ut verbi Dominus quas sort ministris S●ncut aetern●, neraptantur opes. Noru●ci Antistes, ius spirituale ministras: Quod u●let auxilij spirituale ferat. Temporeumque (Pater legum) ius (COKE) gubernas: Quod valet auxilij temporeumque ferat. Ipse, Levitarum pateres (IEGONE) Sedetque In mensa & gremto (COKE) Levitatuo, Ergo patrocinium Christi praebete ministris. Ne Domino sacrae diripiantur opes. Sistite vesanos h●minum rabidosque furores, Qui sitiunt sacras despoliare domos. Divino decimas sancitas iure ministris, Et vos humano cogite iure dari. Ter-faelixisto, divino munere, mundo Praesenti, vestrum vivat uterque diu, Fataque quando olim mutabitis ista, supersit Virique in caelis anteparata domus. ROB. HILL, Theol. Profess. Vox populi. Quid dabimus? Vitulum? Gravis est iactura. Vel agnum● Velleporem? nim●s est. Satis est gallina vel anser. Vox dei. Damthi primitias Cereris, floraeque Liaei Po●●n●: pri●●genitum primasque laborum Da●●hi: subque nova verbi da lege ministro. Sic tibi pro decimis summam pr●stabo salutem. Ista canit mystes. Dices (ingrate popelle) Cantabit vacuns coram grege diui●e pastor. Euge, sedingratus coram love, judice surdo, Clamabit populus tandem vacuusque peribit. TO THE RIGHT WORSHIP FULL SENATE AND SOCIETY OF THE MAYOR, SHERIFFS, AND COMmons of that Religious and well-governed City and County of NORWICH, increase of piety, true fame, and all prosperity. RIght Worshipful and religious) while Popery prevailed in former times like a thick fog, though it quenched nothing, yet it smothered for a time, almost all points of sacred truth. But Popery now vanishing, as mist before the sun, all points of truth do shine clear again, to the praise of God and our comfort; And yet hath not that dusky vail been folded up all at once, but by degrees; so that some points appeared more timely, others have been the longer unperceaved. The Schoolmen, Alexander * Alexand. ●e Ales● 〈◊〉 ●ulo● 〈…〉 & 〈◊〉. & Gul●●lm. G●●●●r. quos om●●s 〈◊〉 subtilita●ibus pro●st●b●i●●●d● Antichrists r●gno ●rmauit. Cent. 13. cap. 10. and his Scholars 1200. years after Christ, were the first that taught that tithes were not due by the Moral law. And this they did, to justify the exorbitant practices of the Pope. It is therefore a Popish doctrine. divers yet, no small adversaries unto Rome, have received that for truth, which is mere Popery. But the son is now up in such brightness, as that none shall be deceived but only the wilful. Therefore amongst others, who happily laboured to fling away the uttermost skirts of the Romish mantle, that it no longer shadow this part of truth, I have adventured to stretch forth mine hand. What God enabled me to perform, I humbly offer to your favourable acceptance, unto whom by peculiar bonds, both of civility and conscience, I am obliged. The point is a case of conscience, and of great consequence, and therefore would be thoroughly considered. Ye are wise to judge as religious Magistrates, ye are favourable to religion as zealous Protestants. God Almighty bless both your public state with increase of Worship, and your several persons with daily augmentation of his special grace. Cambridge. Novemb. 1613. Your Worships in all love and service, FOULKE ROBARTES. In librum Foulconis Robartesijs de reditibus evangelii. EIa homo! num totum Christus totus tibi lucrum? Parsque Dei tua pars? pars tua, Dextra Dei? Detrahit & lucrum partis, partemve lucellj A Christi mystâ Dextera christicola? Quin docto potius, pand●nti numine dextro Rectaque suadenti, crede Robertesio. Dat merit ò decimas Christo, quicunque meretur, Quam rem cunque facit, dummodo rem faciat. Sunt habitus abitusque homini varij, Deus idem unde habet, huic Reditus, unde abit, huc Reditus. R. Per. Bac. Theol. C. C. C. In love to the Author and Cause. Whilom the Church was rich, justice her due, Devotion gave her plenty: her full chest With treasure swelled, which Piety did accrue, And Charity dispense; this time was blest, Till lawless Sacrilege with main despoil Seized on the holy Goods, possessed her land; As hostile rage prevails in conquered soil, So warred the Christian 'gainst the Church, her hand (Mean while) was on the common so, which wreaks Both her and them: a sad-reioycing day: The people's gain, with Church's loss, thus speaks, Whilst one obtains such conquest, both decay. W. R. Mag. Art. C. C. C. De decimarum debitione, etc. SEe (Learned Levite) what will be the end Of this thy powerful writ, thou dost intend, The Ox his corn unmusled now shall tread, And levi's tribe may eat their own schew-bread; But here thou failest, where Tithes were due before, All will be paid, Tithes shall be due no more. Suam cuique. DAme Nature's twilight clearly shows this true That who gave all, may claim tithes (for his) due. Yet can the Prince of darkness lightly see To lead leowd-men to this forbidden tree. But let the Eagle, though of plumes most fair, And great commanding Empress of the air, Not dare to fat her Eaglets with the right And sacrifice done to a heavenly might. " Fire will consume a sacrilegious nest: " No base bird can holy bits digest. Deo posui & Levitis jurisia Gu. Bonswell jesuanus. Cant. THE REVENVE OF THE GOSPEL. CHAP. I. The labourer is worthy of his hire. THat man of God, and choice Apostle the blessed Paul, who being extraordinarily enabled with knowledge, zeal, and utterance, could preach sound and effectually without study, had more experience of labour and misery in the world, than either desire or need of worldly hire: and yet he enacteth it as the law of God in more than Mede and Persian irrevocabilitie, that the Labourer is worthy of his hire. This is a brief 1. Eph. 5. 18. statute, yet is it so full, not only determining, but also yielding such an imperious reason, as if any man should deny maintenance to the ministery of the Gospel, that man should have even his plough-boy or kitchin-drudge to arise against him to his condemnation in his conscience here, and in the judgement of God hereafter: for, if these so mean and so silly, are not to be unrewarded, except men will have the Courts of heaven to be possessed with their cruelty; then how much more heinous and barbarous is the injustice of him, who withdraweth earthly food from that mouth, from which himself receiveth heavenly nourishment? who depriveth him of his due clothing, by whom himself is adorned with the glorious rob of the righteousness of Christ? who causeth penury in the family of that man, by whom himself is made the child of God of the family of Saints? So that the force and power partly of shame without, and partly of the conscience within, doth enforce that to be granted, which the devil himself cannot devise how to deny, viz. It is good reason that Ministers have maintenance: for, the labourer is worthy of his hire. But as it falleth out with many wholesome human laws, so fareth it with this divine constitution, viz. Evil manners make them, and evil minds do mar them with perverse interpretations. The hire is granted to be due, but while questions are moved about the quantity and quality thereof, it is made an individuum vagum without determination: and then, hoc aliquid nihil est. Some where this hire is just nothing, and in many-wheres as good as nothing, and in most places (where Ministers are maintained at the courtesy of their people) it is a scant share, fit to protract a sordid life, dishonourable to the ministery, which is indeed a kind of something: but for the smallness and uncertainty thereof, it is a near thing to a mere nothing. But while the Apostle doth mention this labourer's worthiness, he doth intimate that he ought to be had in a more honourable regard: and in the possessive pronoun, calling it his hire, he doth insinuate a due propriety, and therefore that it dependeth not upon the pleasure of men, but that all men have their consciences burdened to the performance thereof, not withholding the good from the owner thereof: for it is not thy goods, but it is his hire whereof he is worthy. CHAP. II. The due hire of the ministery is neither men's courtesy, nor that new devised competency. WHile sometimes the laziness and luxury of that degenerate clergy, and sometimes the bastards of their Pope himself, under the name of his nephews, and cousins, devoured the tithes of men's increase, whose untaught souls were devoured by ignorance, superstition, and impiety; some godly men perceiving this, and not advisedly distinguishing between the thing, and the abuse thereof, have grown to that extremity of indignation, as to disclaim all right which any minister might have in the goods of any man, further than men should be pleased to extend unto them of their mere benevolence. Thus thought the Waldenses, Wicklife, Husse, and Carlet. tithe. cap. 1. them the Anabaptists of these days do follow. Others inordinately affecting the praise of contentment, and neglect of the world, have soothed up the minds of such men as are either ambitious, covetous, or voluptuous, and submitted themselves to men's courtesy. And men again perceiving what praise they may purchase, and what reproofs they may prevent, by feeding their ministers in this servile sort, have and do applaud those for the only true apostolical pastors and teachers, who (say they) seek men's souls, and not their riches. This was at the first the subtlety of the Friars, to undermine the incumbents and beneficed curates, and it is now the practice both of them and of others. Against this dangerous conceit, among the many volumes of replies and answers which might be framed, I v●●● use only one of each kind. And first for reply, I urge that 1. Tim. 5. 17. The Elders that rule well are worthy of double honour. Ho●our, there is maintenance, as all expositors, & the scope of the text doth show. The Elder is the Minister without question, howsoever some of late have thought, not only the Minister. So the sense is, ministers of the gospel are worthy to receive honourable maintenance. If they be worthy to receive, than it is not in the pleasure of man to pay as he list. If the maintenance must be honourable, then must it not be of benevolence: for that is commonly both scant and uncertain; which is a thing miserable, not honourable. Then secondly for answer, I say that where almighty God hath as well allowed me mine honour, as allotted me my labour, I may demand the one, while I perform the other, without imputation of discontentment. Who taketh the fleece, not feeding the flock, is indeed a base hireling; but the true shepherd doth eat the milk, and shear the wool, where he taketh care and bestoweth pasture, 1. Cor. 9 7. Some show of reason doth this conceit pretend, because it seemeth to have been the Apostolical practice: but I have overthrown it by apostolical doctrine. For the Apostles practise it was what it might be under persecution, when either the poverty of the Church, spending all in common, could lay out no tithes, (which Zanchie yet thinketh were then gathered by the Deacons) ●● redemp. in 4. praecep. or, the foule-wide mouths of false Apostles were feign to be stopped, with refusing all allowance from the Church: but the Apostles doctrine is a perpetual direction, and therefore both alloweth Ministers to receive, expect, and require, as also enjoineth both people to perform, and Magistrates to see performed that which is due, and must be honourable. The doctrine of the Apostles is not yet contrary to their practice, but our times God be thanked do differ from theirs, and they from v●. They could preach without study, but all our studies are little enough to find out the truth: and therefore they might make tents to earn money, when we must be reading, Act. 18. 3. hearing, praying, or meditating, to attain to knowledge. They could maintain themselves, and therefore sometimes received neither tithes, nor benevolence: our times of earning money must needs be spent in turning over, and pouring upon ink and paper, and therefore we have need not to forbear all, as they might, but to require liberal and certain maintenance, without which our hearts may break for just grief, that in an unafflicted estate, we ourselves, being the Ministers of God, must be afflicted with dishonourable scantness, and slavish depending upon the uncertain and miserable pleasure of worldly men. If it were laid to the Apostles charge, that they did preach only to gain wealth by their preaching, and to feed their bellies, than had they no readier way to repel this calumny, then by refusing maintenance where they were so slandered, as Paul was among the Corinthians. But if the Minister under the Christian Magistrate be so traduced, he hath an other way to be relieved, while the Magistrate doth make the back of the slanderer to smart, or his purse to pay, until his false tongue be reform, and justly compelled with his own shame to reclaim the disgrace of the Minister. And so still the case is differing. We claim our certain maintenance in honourable sort by the Apostles doctrine, being not tied unto their examples in this case, seeing the goodness of God hath made our times better than theirs in Christian Magistrates, as he had made their qualifications to exceed ours in their abounding and extraordinary measure of spiritual graces. And whatsoever good work men either pretend or imagine to effect, by neglecting the revenues which God giveth to his Ministers, as if this were the way to win souls; let them take heed and assure themselves they do much harm, for they betray the estate that God hath passed over unto his Ministers, they give men advantage to withdraw the due from the Church, and they prejudice the ministery of all other men, who follow not their exorbitant example. It is lawful for ministers, it is necessary for all Christians both to be and to seem regardless of worldly things: yet must we not be either so superstitious, as to fling away, and abhor, or so careless as to despise, or specially so bad as to betray that fair portion wherewith God hath endowed our callings. Honour the Lord with thy riches in careful and godly use of them, and not in a contemptuous refusal of thy just inheritance. I make no question but that this neglect of the Church's patrimony, hath been caused in many good men, from a good intent, but certainly it tendeth to an evil end, which will be in time (if the goodness of God prevent it not) a great decay to true religion. Will not poverty and depending upon men's courtesy, weaken the zeal of some, and diminish the authority and strength of others, and make all to be under contempt, as we see too much already? Will not contempt discourage men from coming into the ministry, and quail those who are in already, as we show more fully in the answer to the fift objection, cap. 13? God of 〈…〉. 4● 4●. his mercy who hath given us right to his holy tithes, Leu. 27. maintain our possession in what we hold, and in his good time restore us into that again which is detained, if it be his pleasure. Others thinking themselves better advised, (though in truth they have less show of probability when their opinion is examined) have held it for divinity, that it is 〈…〉 unfitting and dangerous for ministers to depend upon private benevolence, least Ministers being men subject to infirmity, should by this means be brought into the state of Calchas in Homer, who knew the truth, but was 〈…〉. afraid to speak it, lest he should anger the hearers, and hurt himself. They have therefore invented an other course, uz. that Ministers are to be maintained by stip●ds, which are to be made certain unto them, and competent for them, by authority. This devise had his first hammering in the forge of mischief the Church, or rather the apostasy of Popery, and the conceit thereof we justly disclaim, because it is none of God's ordinance, but a plausible bane to true religion. Yet worthy men of clearer understanding, and purer sincerity, have since received this be witching illusion in stead of soundness, not that they wanted either will, or ability to seek and find so clear a truth, but because they were so continually and wholly taken up with the chiefer points of religion, defending the true meaning of the substantial Articles, against the peevish underminings, and violent intrusions of popish heresies: therefore they have the less intended those outward things and smaller matters; so that supposing tithes to have expired with the priesthood of Levi, they have been content to acknowledge the maintenance of the ministery to be at the appointment of the governors, and so pleaded for no other than this supposed competency in general terms. Exceeding great was the service which they did unto true religion, defending and redeeming the truth from such thick fogs of palpable darkness: the Lords name be blessed, and the Lords grace make us thankful for their most blessed and ever-renowned labours: yet neither did they, nor could any man or men, being neither Prophets nor Apostles in special sense, perfect all in so short a space: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hom. Ilia●● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Potent Achilles brought not all his sayings to perfect pass: But finished some, and half'd the rest as valiant as he was. But now, the main points of Christianity being by those blessed late Saints so cleared, as that he who runneth may read, others of the labourers in the same vineyard succeeding the former, no whit defacing any plant which their fathers had beautified, they have by the direction of the same spirit, proceeded in the work where their elders left it, and so endeavouring to hedge and sense the outside of that exact and rich husbandry of the others plantation, they have made it plain, that neither private benevolences, nor the late devised competency, but tithes and offerings, according to Gods most holy ordinance, is the tribute of the religious, to be faithfully performed by every Christian to Almighty God for the honourable maintenance of the evangelical ministery. To relieve Ministers with private benevolences may have some colour from the practice of the most Primitive times, and yet be now unexpedient: but as for this conceit of supposed competency, it hath neither warrant in Carlet. tithe. cap. 1. Scripture, nor any * See the answer to ●he 8. ●●b. Cap. ●3. precedent in all the practice of the Primitive Church, either before or under the best Emperors. CHAP. III. The tenth part of the increase of every man's goods is Gods part by especial right. THat the Ministers of the Gospel be honourably maintained, it is God's ordinance, as the Apostle calleth it, 1. Cor. 9 14. That neither private benevolence, nor yet any assigned competency is his ordinance, I have already showed. What it is, I am now to define, and prove, by the help of Almighty God. The maintenance which the Ministers of the Gospel are to receive and require is the tenth part of the increase of the goods of their brethren, who do live under their ministery. For the avouching of this truth, we must consider two things, I us, & Factum: that is, right, and practise. The right is twofold, 1. original, which is Gods. 2. deputed, which is man's. The first and original right unto tithes, is the Lord Originals right to tithes. Gods own right, Leu. 27. 30. 32. All tithes of the land, of the seed of the ground, of the fruit of the trees is the Lords, holy to the Lord. And every tithe of bullock, and of sheep, and of all that goeth under the rod, the tenth shall be holy unto the Lord. Hereupon it is that when the Israelites be slack in payments of their tithes, God doth say, not that the Levites, but that he himself is rob, Mal. 3. 8, 9 and the barn or store house of the Levites, God calleth it, bethi, my house. It is in vain to say, that tithes are the Lords only in a general sense, as all other things are the Lords; as the cattle upon a thousand hills: for it is manifest that this is spoken Psal. 50. 10 Carlet. tithe. cap 3. Eburn. p 65. discriminatim, by way of distinction, insinuating that tithes are the Lords by a special propriety; the Lord having allowed unto men the nine parts, and reserved the tenth unto himself. For except it were understood in this special sense, and not in the general, than not the tenth part, but all the ten parts are the Lords: and then it will follow, that God giveth all to the Levite. For when God saith concerning the Levites, I am their inheritance, Ezech. 44. 28. I am thy part, and thine inheritance, Num. 18. 20. doth he not plainly mean, that they having none inheritance among their brethren, shall have that which is the Lords part? If they shall have that which is the Lords part in a general sense, they shall have all: for in that sense all is the Lords. But they must have only a tenth part (besides their offerings) which they have under the name of the Lords part, the Lords possession, the Lords inheritance; therefore the tenth is the Lords part in another sense and meaning then as all the rest is his. He hath a common right in the rest in regard of his creation and providence, so as all are held of him, and at his good pleasure: but he hath a special right to tithes, as his own demeans, or reserved estate. Hereupon it is that M. Calvin writing upon these ●e●te●. words, Levit. 27. 30. calleth tithes proprium Dei ius & regal● vectigal: that is, God's proper right, and royal tribute. And in the same place of his Pen●et. upon the words of Deut. 14. 22. saith, Deo vendicat omnium frugum decimas, quibus autem soluendae sint non statim exprimit: that is, Moses doth challenge for God the tenths of all fruits, but he doth not presently express to whom they shall be paid. For whereas Moses doth proclaim God's challenge in Sinai (where all the book of Leviticus was delivered, Leuit. 27. 34.) the assigning of tithes unto the Levites is not mentioned until the 18. chapter of Num. which was long time after: for between the departure of the Israelites from Sinai, and the things written, Num. 18. there were many accidents, as the lusting for flesh, and the punishment thereof, the murmuring of A●ron and Miriam, the espying of the Land of Canaan, the rebellion of Corah, Dathan, and Abiram, the confirming of Aaron's priesthood by the budding of his rod, and divers other notable occurrences: Yea, where they departed from Sinai in the second month of the second year, Num. 10. 11. they receive not the precepts mentioned, cap. 18. until the 30. year. So that Perkins. digest. pag. 1● the proper right unto tithes, is Gods independently, they being proclaimed to be his about thirty years before they were assigned unto the Levites: so as, though God had not ordained the tithes to be the portion of the Levites, yet had the tithes been still due unto God: for he doth not say, they shall be the Lords when he appointeth them for the Levites, but, they are his already what soever he shall think good to do with them. And to that effect are the words of Mr. Calvin pregnant; Cum decimas In ●eb. 7. ● populus quasi sacrum vectigal offerret deo Leuitae eas recipiebant, quia in locum suum deus eos quodammodo surrogabat. that is, when the people were to offer the tithes unto God as a sacred tribute, the Levites did receive them, because God had substituted them after a sort in his place. And by and by after in the same place he addeth, quod debebat Abraham deo soluit in manum Melchisedech: that is, what Abraham ought unto God, he paid into the hands of Melchisedech. So that even then before the priesthood of Levi, the tenth was Gods special portion. What share soever of any estate any man enjoyeth, he hath the same as a Farmer or Coppyholder from the Lord God, and therefore he oweth unto God not only his service of obedience unto the commandments, but also some rent or acknowledgement whereby he may testify that he holdeth his estate of the Lord God: And therefore saith Solomon, honour the Lord with thy riches. Goulartius P●o. ●. 9 ●pist ●●. no●. 11. in his notes upon Cyprian hath these words, Vsus decimarum tribus in rebu● cernitur, id est, agnoscere omnia quae tum è terra eduntur tum ab animantibus procreantur divina bonitate ad usum nostrum gigni, quod testabantur pendentes decimas deo eo tanquam principe & gubernator● agni●o a quo omni●bona in nos proficiscerentur, etc. that is, there is to be discerned a threefold use of tithes: 1. to acknowledge all things both of the fruits of the earth, and also of the increase of cattle to be by the goodness of God produced for our use; which thing they testified by paying their tithes to God, acknowledging him for the King and Governor from whom all good things are derived unto us, etc. Whereunto agreeth that testimony of Doctor junius: Velnatura teste beneficia dei prositerioportet 〈…〉. 31. eos qui acceperunt ●quemadmodum & gentes ipsae decimas Herculi praebuerunt solenni more: that is, Nature itself beareth witness, that they who have received benefits from God, aught to acknowledge them, as the very heathen performed tithes unto Hercules in a solemn manner. To the same effect further are the words of Mr. Calvin, 〈…〉. 18. 20. Deus tanquam Rex decimas sibi suo iure vendicat: that is, God as a King challengeth the tithes to himself by his own right. And so saith Augustine, non rogat tuum, sed suum, rogat decimas: that is, he doth not ask thine, 〈…〉 219. but his own: he doth ask the tenths. Where Augustine maketh a manifest difference between that which is God's part, and that which is man's parts, making the nine parts to be the Lords grant unto man, and the tenth part to be the Lords own reservation. Cain and Abel did at the first offer unto God of the goods which God had given unto them. What shall we think of that their fact? was it a work of supererogation, or of duty? Of supererogation it was not: for if they had not been bound both to offer, and in some sort also to the measure and manner of their offering, how could Cain have been misliked for the leanness or scantness of his sacrifice, when he was not bound to the performance of any? It was therefore a duty whereunto they were bound, for the acknowledgement of their Lord, by the true payment of their rent and tribute, and therefore all others are in them admonished of this: uz. that there is a reserved rend, and an imposed tribute unto Almighty God upon every part of their worldly estate, as God by his blessing shall cause the same to be increased. And although it be not precisely set down, that the portion which Abel did, and Cain either did or should have willingly offered was the tenth, yet it is likely that it was the tenth rather then any other, if we compare their practice with other Scriptures, which concern payments from man to God, as (God willing) shall appear. Manifest it is, that God hath a peculiar right to some special part of every man's increase. And if than the question be, how great, or how little that part is? certainly we must answer, the tenth: for this is the only part which ever God challenged, as peculiar and certain. And as thus in the old Testament, so also in the New we find tithes challenged to be the Lords, though not by the very name of tithes, yet under the general name of the Lords due: as, Matth. 22. 21. Give. unto God that which is Gods. The question is there, concerning worldly things, whereof their tribute unto the Emperor consisted. The answer is, that both unto Caesar they must perform his due impost, which is his tribute, and also unto God they must pay their due acknowledgement * 〈…〉. 22. 21. 〈…〉. 21. out of these earthly things: and that is by tithes and offerings, but specially tithes, because they are determinatively set down in their particular sum. But peradventure some body will say, that though this place cited out of Saint Matt. be of the new Testament, yet it concerneth the state of the Israelites under the Levitical priesthood: and therefore that I have all this while only proved that tithes were Gods special due in the old Testament, but not that they are so now in the new Testament. I answer, that if God had a special interest in some part of our goods in the old testament, he hath the same interest still: for we do not any where find that God hath resigned this right. And whereas further the Lord having formerly both challenged and received under the law, and before the law, not only apart, but specially and by name a tenth part, it is our duty still to acknowledge and perform for God's due, not only a part (we know not which) but even this known particularly determined part, except the Lord had in the new testament either wholly disclaimed this right, or else removed it to a new rate: which he hath not done, either directly, or indirectly. And where it is pretended that tithes were properly appertaining to the Levitical priesthood, I have already in part, and shall hereafter (by God's help) cap. 6. more fully confute that imagination: concluding now, that the Lord hath an original & primary right unto tithes. CHAP. FOUR Tithes by a deputed or assigned right, are due to those who are Gods ministers in holy things. WHile we do consider the deputation of tithes, we find therein a twofold end or cause of that deputation. The first and principal, which is to maintain Gods public worship. 〈…〉. The secondary end, is to maintain those persons who are the chief actors in this worship. The principal end of assigning tithes, is to maintain the worship of God. In the 16. chap. of Numb. ver. 21. 〈…〉. where God made the first assignation of tithes unto the Levites, this is added in plain words, for their service which they serve in the tabernacle of the congregation: the like is Deut. 18. where the Lord showing first in the four first 〈…〉 pag ●●. verses, that the portion of the whole tribe of Levi shall be the tithes, offerings, and certain shares of the sacrifices, he yieldeth the cause in the first verse. for the Lord thy God hath chosen him out of all thy tribes to stand and minister in the name of the Lord, him and his sons for ever. And by the Prophet Ezekiel the Lord saith, that the Ezech 44. 28. priesthood shall be the Priest's inheritance, the Lord will be his possession, meaning that the tithes and offerings had not been the part of the Levite more than of any of the rest of his brethren, if God had not chosen him from the rest to the ministery. If either Reuben, or Simeon, or anyelse had been ordained the Priest, to him should also the tithes have been assigned: for they being Gods own special part, he converteth them to the maintenance of his own special service: and therefore before the priesthood of Levi many years, doth jacob vow his tithes to maintain God's worship, Gen. 28. 22. whereof more shall be spoken hereafter, cap. 6. In the new Testament though the assignation be not by express name of tithes, yet in effect the same thing is ordained to the same end: if we consider how the Apostle 〈…〉. 69. S. Paul doth join together the 13. and 14. verses of the 9 chap. of the 1. Epistle to the Corinth. by a note of similitude: wherein while he setteth down the practice of the old Testament for a precedent unto the new, we see that what was ordained in the old Testament concerning tithes, is not abrogated but renewed in the new testament They which wait at the altar, are partakers with the altar●●ren so also hath God ordained that they which preach the Gospel, should live of the Gospel. Where the Apostle doth not only set down as a matter of equity, that the Ministers of the Gospel should be provided for, but also that it be in the same manner as it was in the old testament; even so, that is, by tithes & offerings: for so was the ministry of the altar maintained. Also in the 6. cap. & 6. v. of the epistle to the Gal. there is a full and plain assignation of a part of every man's goods unto the ministery: Let him that hath been taught in the word, make him which hath taught him partaker of all his goods. A word of explication is wanting in this precept, for it is not set down what part the disciple must bestow upon the teacher for his works sake. But if we may expound Scripture by Scripture, than it will appear, that the word tenth is here to be supplied, for that was the part and no other which God assigned to the ministery of his worship. He who shall thus expound it shall have the tenure of the Scripture to avouch his interpretation: but whosoever shall expound it otherwise, either he expoundeth not at all, or at least he but giveth his own b●re guess without ground. If thou sayest he must give a part, that is, he must give something; this if it be not obscurum per obscurius, certainly it is not ignotum perno●●us: for I must ask thee again, what is that something? And so if any shall oppose against the evidence of the aforenamed simile, and say that it only importeth equity, but setteth not down any particular form or determinate quantity. I answer, that there must be a particular determination Carlet. tithe. cap 4. before any thing be done. Will any man now say, as some whom we mentioned in the second chapter have said, that every man shall give what himself shall please? Surely the worldly man would smile in his sleeve to see his elbow underlaid with such a cushion: it is a pleasing doctrine, and gently claweth flesh and blood: but where is the ground of this construction? Doth any Scripture teach us to appoint God to stand to man's courtesy, without so much as any law to reprove them by when they become negligent? Is this any other but an human conceit without warrant? Will any man in his right wits let out his ground to a tenant to pay merely what the tenant himself pleaseth? No sure; He that is a Lord will have this privilege to impose a rent upon his own ground. Many Lords have been bountiful to well deserving tenants, 〈…〉. p. 6●. nants, and have accepted of a very easy rent, yet they have determined it by their own mouths, though they have made it never so small; even so Almighty God, who giveth to every man all that be enjoyeth, as a tenant at will, hath made the rent to be small indeed, when it is but the tenth, yet he hath not left it to the courtesy of his tenant; but as he showeth his bounty in making the rent easy, so he showeth sovereignty in naming the rent at his pleasure, and making it certain. If any shall expound this part to be at the determination of the magistrate, this is again a human conjecture, and howsoever it may seem to nestle in the rock, and to strengthen itself with great authority, having betaken itself to shroud under the wing of the Magistrate, yet we shall easily retrieve it from that covert without the least offensive touch to the uttermost hem of the Magistrates garment. We most gladly acknowledge the Magistrate, that he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, God's lively image, Gods own lawful Menand. surrogate, yea, no less than a God on earth, Psal. 82. who being godly, assumeth to himself as he is allowed by God, authority and power to make laws to order men, but not to stint Almighty God in any of his required duties. The godly Magistrate doth provide, that God may receive what he hath required, but doth not appoint him what he shall require. God himself hath set down his own worship, and himself hath particularized the special parts thereof. That which is his own worship, he referreth not to man's invention. And as it standeth with god's worship, so doth it also with god's impost, rent, or tribute: it is his own, he hath imposed it his own self, and hath not left it at man's appointment. Object. But it may be objected; The Magistrate may make laws concerning the worship of God, commanding or forbidding, as he seethe cause for order and comeliness: as what part of time, what place, what manner of vestments he will have for divers religious exercises: why then may not the Magistrate have as much to do with God's tribute as with his worship? Resp. I answer, that he hath fully as much to do with the one as with the other: uz. in those things which circumstantially concern either of them, and where the word of God also is silent, leaving things so to the Magistrates discretion. But as for the substance of those things which the Lord God requireth for his own, no man may either diminish, or alter. Object. Numbers, weights, and measures are circumstances, and therefore because they are circumstances they should seem to be referred to the discretion of the Magistrate, to increase or lessen them as cause may require. Answ. He that in matter of payments permitteth number, weight, and measure to the pleasure of the payer, hath bound him to nothing: Secondly, all circumstances are not in the power of the Magistrate to appoint, but only such circumstances as the word of God hath not particularly determined: for circumstances set down, or appointed by God, may not be altered without his leave. God doth not say concerning the time, which is a circumstance of his worship, You shall set apart for my worship and service some time, as you shall see cause, or as the Magistrate shall appoint: but he saith peremptorily, and precisely, Remember that thou keep holy the seventh day: which number of Seven may not be diminished: altered it is from the seventh to a Scaventh, the number still retained, and that little alteration which was made proceeding from the direction of the spirit of God: for it began when Christ himself was upon the earth, and continued in the time of the Apostles. So where God doth not only say indefinitely, honour the Lord with thy riches, but also determineth the tenth part for his own special due, it is not in the power of any man to enforce the D. 〈◊〉. v. view. of 〈◊〉. & 〈◊〉. law. pag 163. 164. diminishing of this number. The Christian Magistrate may appoint days besides the Sabbath, and command solemn worship unto God upon the same days as occasion of humiliation, by prayer and fasting, or of triumphing, by praise and feasting may require, but with this caveat; First, that man appoint no day under the name of the Lords seventh and Sabbath day: Secondly, that no day of man's appointment, do cause the Sabaoth to be quenched and put down, but that the sabbath do still hold his own course, notwithstanding the dedicating of other days beside. Even so also, the Magistrate may, as occasion requireth, cause some thing else besides the tithes to be dedicated unto the service of the Lord, and maintenance of his ministery, but with the like caveat: First, that man appoint nothing in this case by the name of God's tithe, or of that tribute which God himself hath determinatively enjoined. Secondly, that no share of man's appointing do smother or drown the tithes, but that the tithes be still duly paid what addition or supply soever beside is caused. That God hath required the tenth, that is plain, but Carlet. tithe. cap. 1. where or when did he ever give any man leave to alter that number? He hath required the tenth, he hath not remitted it, nor given any man leave to alter it: therefore the tenth is still his special due: God's worship and Gods due being once established, they are perpetual, until God shall cause any alteration. The worship of God, in regard of the manner thereof is ceased since the passion of Christ: but God hath caused the ceasing of so much as is ceased, Ephes. 2. 15. Coloss. 2. 14. what was not abrogated by Christ, that still remaineth. So also of God's right or portion, which he had in the time of the law, some parts are ceased, uz. those fragments of the sacrifices which were the share of the Priests, as appeareth at large in the book of Leviticus, and is expressed in the 6. cap. of this treatise; for the sacrifices themselves being types of Christ to come, they are fulfilled and abolished in and by Christ being come: but Tithes were no types of Christ, neither in their substance, nor in their circumstance, but were only the maintenance of God's worship, which being perpetual they also are perpetual. They did belong to the worship of God before there was a Levitical worship, as shall appear more fully: and when they were assigned to the Levites, they did but follow God's worship, whereunto they served both before and since. The persons to whom tithes have been and are deputed, 〈…〉 end of 〈…〉. be those who minister unto God in holy things, as in praying, preaching, administering sacraments, or sacrifices, as the times required. The persons who for some 2500. years ministered in the priesthood, were the first borne, into whose room the Levites were taken under Moses, Num. 3. 13. 41. 45. and therefore the first that received tithes, were the first borne, as appeareth more fully hereafter in the example of Melchisedech. From the time of Moses unto Christ, the space of some 1500. years, the tithes were paid vn●o the Levites, not as they were Levites: for Levi himself was a tythe-payer Heb. 7. 9 but as they were in the room of the first borne, to administer in holy things. Since the passion of Christ, these tithes are due to the Preachers of the Gospel: for the tithes being due principally to the service, and not to the men but for the service sake, and that now the Preachers of the Gospel have succeeded the Levites, as the Levites succeeded the first borne in the same service for substance; therefore the same stipend which the former had is due also to the latter; seeing it is due principally to the service, and secondarily, but certainly unto the persons who perform the service: and to this effect also writeth the Apostle, 1. Cor. 9 13. 14. Gal. 6. 6. where he doth plainly assign something to the Minister of the Gospel, which something I have in this chapter showed to be tithes: for in things contained both in the old and new Testament, so as they are more distinct in the one then in the other, the rule is, that the distinct phrase of the one must expound the obscure, or undetermined speech of the other. The same Minister's maintenance which Saint Paul in the places rehearsed doth mention, can not by any Scripture be interpreted to be any other but the very tenth part, but this doth the Apostle assign by the very name of God's Ordinance unto the Minister of the Gospel. And so you see the deputed right of tithes to be principally to the service of God, and consequently to the servants of God, uz. his special servants or Ministers in that special service of praying, preaching, and the Sacraments. CHAP. V It is most agreeable unto equity, that Ministers have this deputed right in tithes. THe equity of yielding tithes unto the Minister of the Gospel, is to be declared by these two reasons among divers others very weighty. First, if the Minister of the Gospel hath succeeded the Levite in the ministery, why is he not to succeed him also in the revenue or stipend? Is he less worthy? certainly no● for he is a Minister of a better Testament. And therefore is his calling more worthy than the calling of the Levite. Amongst men borne of women arose there not a greater 〈…〉 11. 11. than john the Baptist, yet he that is the least in the kingdom of heaven, is greater than he. What is that? It is thus interpreted most agreeable unto the scope of that Scripture, That 〈…〉 c 〈…〉 for so much as john Baptist was nearer Christ in time, being the very next unto him of all the Prophets that ever went before him, he was therefore both more happy than the rest: for he saw what they desired to see, and saw not; and also of a more worthy calling, as pointing out Christ with the finger, which the rest only descried a far off. So also they who succeed john in this ministery, as the Apostles of Christ, and their successors, to the end of the world, should be more happy, and of a more worthy calling then john the Baptist: If the ministration of condemnation were glorious, much more must the minstration 2. Co● 3. 9 of righteousness exceed in glory. Now both equity of reason, and also the words of holy Scripture will allow the more honourable salary to the more worthy calling: 1. Tim. 5. 17. The Elders that rule well, are worthy of double honour, especially they that labour in the word and doctrine. If then the Levite had so much, why shall the Minister of the Gospel expect any less? And if the doctrine of Aquinas in this point be any thing worth, than the people 〈…〉 87. ●●. 1. of the new Testament must pay to their minister more than the tenth, because their righteousness must exceed the righteousness of the Scribes and pharisees: neither yet was this first the invention of Aquinas, but long before him the observation of Augustine, and before him also Aug 〈…〉. O●ig 〈…〉. ho●. ●●. of Origen. It may be, some body may grant that the Minister of the Gospel is worthy of his hire as well as the Levite, but deny that this proveth that the hire must be the tithes: for some other course may be taken for his relief in competent sort. But I answer, first, if thou offer him less, thou dost dishonour him, implying that he is not worthy of so much: secondly, if thou grant the Minister of the Gospel as large an allowance as the Levite had, but not by tithes, but as the Magistrate shall see cause to ordain, yet I say that herein the worthier calling of the minister of the Gospel, is made inferior to the calling of the Levite, in that, what the Levite might claim honourably, certainly, and determinatively by the law of God, the Minister of the Gospel must crave miserably and basely, at the uncertain pleasure of human courtesy. Here the condition of the Minister of the Gospel is made more dishonourable, than the condition of the Levite, and how can that be equity? Or will some flowter say, that true honour doth not consist in these things, but in the reverend regard that is to be had unto Ministers. I then ask him, wherein doth this reverence consist? in the cap and knee, and in saying, good Sir, and the like superficial compliments? Be Gal ●●. 〈◊〉. ●3 9 not deceived, God is not mocked: Honour the Lord with thy riches; Honouring doth partly and greatly consist in contributing so to the Ministers maintenance, as it be neither scant nor uncertain, both which are dishonourable. The verbal or gesturall honour which many men (if not the most) perform to Ministers, is the very same which the jews or judas did to Christ; Fair words and fowl deeds, a kiss and a knock: they put a sceptre in his hand, but pull his garment from his back: and so do men make fair faces upon the minister, and verbally acknowledge him to have the rule and authority over their consciences, but in the mean time they take from him, or keep from him his apparel and victual, by not paying their true tenths. If the Ministers calling be honourable, let not his means be miserable, either in scarcity or in uncertainty. The second rule of equity or reason is this. That whereas the evangelical minister is not the minister of men, but of God properly and principally, he is also to be paid his wages not from men but from God, he is the special servant or steward of God; the work he doth is peculiarly the work of the Lord: men have benefit by it but as servants in a great house have benefit by the steward's pains: wherein the steward is indeed the servant of the family accidentally, and in a secondary sense, but he is truly and properly the special servant of his Lord: and therefore he is not paid his wages out of the wages of the rest of his fellow servants, but out of his Lords own revenues: even so the Minister of the Gospel, God's steward, is not to live of the estate or portion of his brethren, but to be paid out of Gods own special revenues, which are tithes and offerings, that men may not have occasion to say, as oftentimes unadvisedly, and rudely they do, Nabal-like, the Minister is maintained with my bread, my drink, my money, not remembering that God hath a share, and doth challenge his special tribute upon their goods, which he doth assign unto the minister of his word. God's service by the ministery of the word and sacrament, is his own, and of his own appointment, not of man's pleasure or devising. God's servants for this special work, are also of his own choice: for both in the old Testament, and also in the new, he showeth in express 〈◊〉. 17. 5. 1. T●●. 3. terms what parties he accepteth of for this service. Is it not also equal and likely; that he would have special revenues 〈◊〉. 5 4. of his own, where with to maintain his special servants in his special service, without referring them to the courtesy of men? All men are the servants of God, ●s all the cattle upon a thousand hills are the goods of God, uz. in a large sense and common right, but the Ministers of the word, whether Levitical or evangelical, are the servants of God, as tithes and offerings are the goods of God, viz. after a special manner; the one doth perform to God that service which is his service 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, after a special manner, the other doth belong to God speciale proprietate, as his reserved rend, as I have showed in the third chapter. So then the Lord doth allow their hire unto his ministers Carlet. tyte out of his own reserved rents and revenues, and not maintain his own service with that which he hath 〈◊〉. pag 95. & 98. ●● passed away unto others, as indeed he hath done all that a man conscionably enjoyeth, tithes and offerings being set apart. Offerings he requireth as presents not as rents, referring the performance of them unto men's considerations, these, God's Ministers are to receive as an advancement; but the tithes God requireth determinatively for the certain maintenance of his own special service, and servants. And therefore it is that the Lord doth not say, I have appointed the Levites to serve you, and you shall give them of yours, but, I the Lord separated the tribe of Deut. 10▪ 8. Levi to bear the ark of the covenant of the Lord, to stand before the Lord, to minister unto him, and to bless in his name. So, I have given the children of Levi all the tenths: I have Numb. 18. 21. 24. given the tithes to the Levites for an inheritance. And yet more fully speaketh the Prophet Ezekiel, I am their inheritance, Ezech. 44. ●8. you shall give them no possession: for any achuzatham, I am their possession: as if he should say, I will not have them to stand beholding unto you for their maintenance, for seeing they administer unto me in my service, and not in yours, I will maintain them with mine own reserved revenues, and not with that which I have passed over unto you, but with the tithes and offerings which I have reserved for myself in express terms. Hereto tend the words of Philo judaeus, Ne quis ex conferentibus exprobret De p●●m. & honour. sacerd accipienti beneficium suum i●betur prius in templa deferre munera ut tum demum inde desumant sacerdotes. Lest any of those who do contribute, should upbraid the receiver by his benevolence, he is commanded first to bring the oblations into the temple, that the Priests may thence receive them. Another saith, Nec sane dix●t ut ex oblationibus ederent sed esacrario, ne vel eos qui aliquid caperent puderet The 〈◊〉. 11●. 〈…〉 accepti proinde ac si ab hominibus alerentur: vel qui imp●rt●rentur his sua, insol●scerent: that is, He hath not said, that they should eat of the offerings, but of the tabernacle, lest either they who received should be ashamed as being fed by men; or else those should grow proud who did contribute of their goods unto them. Also he addeth, Manducandum asserit non exdiscipulorum facultatibus sed de evangelio, ne forte superbiant quòd Apostolos sustentarent, neque enim inquit tu his alimonium subministras, sed propria quaedam industria, hoc est evangelii enuntiatio ipsos alit: that is, he saith that they ought to live not upon the wealth of the disciples, but of the Gospel, least men should wax proud, because they maintained Apostles: for neither doth he say, thou dost minister food unto them, but, a certain industry of their own, namely the preaching of the Gospel, doth nourish them. To the same effect also are the words of Augustine, which Gratian also citeth, Decimae ex debito requirantur, & qui eas dare noluerint res al●enas invadunt: Se●m odom. 1●. post. T●●. ca●s. 16 9 1. Tithes are required as a due debt, and they which will not pay them, do invade or take away other men's goods. So than whether we consider the dignity of the Minister of the Gospel, compared with the Levite: o● that the special service and servants of God are to be maintained by God's special revenues, it will appear most agreeable unto reason and equity, that the Minister of the Gospel ought to live upon tithes received in the name of God, at the hands of their brethren. And so much shall suffice concerning the right of Tithes both original and assigned: we come now to consider what hath been practised. CHAP. VI The practice of paying tithes in the old Testament, both before and under the law. THe first practice of performing tribute unto God, is that of Cain and Abel, which because it appeareth Gen. 4. not in plain terms that it was by tithes, I will not dwell upon it, though there want not probable conjectures that what they brought was the tithe of their increase, as I have already intimated in the third chapter. I come therefore as there I promised, to compare that practice with other examples to the like effect, uz. of men ●end●ing part of their goods, as a rent or tribute unto Almighty God. The second instance therefore is that of Abraham paying tithes to Melchisedech: And he gave him tithe of all. Ge●. 14. 20. In the whole book of Genesis hitherto there is not a word of any priest of God: this is the first place where the priesthood is mentioned, howsoever there are afore found some priestly practices of Noah and Abraham, yet the name of a priest is not found until now; which I observe, to the end that it might be noted, that even where there is the very first mention of the priest, there also is mention of paying tithes unto that priest by reason of his priesthood; yea such a mention, as that it showeth these tithes to be not any either voluntary fact, or such transient action as was no more to be renewed, but rather both a permanent practice, and also proceeding from bounden duties: for the words are manifest, He paid him tithes miccol of all. Some do restrain that All, to the spoils which Abraham had taken from the four kings afore mentioned. And that thought seemeth to be favoured by divers translations reading in the Epistle to the Heb. cap. 7. v. 4. Unto whom the Patriarch Abraham gave tithe of the spo●les; but I say, first, under correction, as learned men are also of judgement (for I durst not be the first censurer of that ●●●let. tithe. cap 4. translation) that the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, doth not signify spoil, nor is it so to be Englished. The word is a compound of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth properly signify the uppermost or uttermost end of any thing, as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, with the fingers ends: tropically the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, doth signify the best, or the chief. The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, doth signify an heap, and then the meaning of the compound word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, is either the uttermost or uppermost of the heap, according to the natural meaning of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or else the best or chief of the heap, according to the metaphorical signification of the same word: And hereupon first fruits are usually termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because they were the uttermost, or that which first came to hand: or if there was any choice, than they were the best and principal. And not only the first fruits of corn and cattle, but of the first fruits also of spoils, have been termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But that the spoils themselves have ever been called by that name, is denied by those who are learned, but not avouched by any, so much as by one parallel place, either of holy or secular writing. So that where the Apostle saith, Abraham paid tithes, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the meaning is, both by the natural sense, and also by the figurative use of the word, that Abraham ever paid his tithes of the very best of all his increase, after the example of Abel, who brought of the first fruits, and of the fattest of them, (and so doth Jerome translate the place, saying, de praecipuis, that is, of the principal.) And hereupon it should seem that the word Decumanus, the tenth, became proverbially to signify any thing bigger than the rest of his kind, as decumanus sluctus, a huge wave: Ovid describing a fearful great wave, faith of it, posterior nono est undecimoque prior, that is, it is after ●ist. 1. the ninth, and before the eleventh: as if he should have said, it is the tenth, or a very great one: so decumana ova, E●urn. p. 94. great eggs, decumana porta, a great gate, decumanus limbs, a great boundmarke, because common practice ever taught, that the tenths which were offered either to the true God, or to the Idols, were no shrimplings, but the goodliest and the fairest. And so Abraham paying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, did pay of the best of his increase, and paying miccol, of all, did make these payments either yearly, o● oftener, or seldomer, but usually and certainly as God blessed him. Secondly, if we duly examine the very text of Genesis, in that place we shall find great reasons to induce v● to think, that it was not of the spoils, but of his other estate and increase, that Abraham tithed to Melchisedech. For first, Abraham, v. 22. 23. had lift up his hand unto the most high God, that he would not take of all that appertained to the King of Sodom, so much as a third, or shoe latchet. If it be answered, he would not take to himself any thing, but that doth not conclude that he offered no part of those spoils to God. We must consider farther the text, which addeth the reason of Abraham's refusal, uz. Lest the King of Sodom should say, I have made Abraham rich. Abraham depending upon God, and having experience of God's bounty in so wonderfully increasing him, as that he maintained in his own family 3●8. fight men, would have all the world to take notice, that the service of the true God, and not any fortunate accidents, which are adored by the foolish heathen, brought him his abundance: lest therefore when Abraham at any time hereafter, ascrihing his wealth to the providence of God, should praise his God for the same, the King of Sodom, or any for him should say, whatsoever he talketh in boast of his God, yet the truth is, he may thank his good fortune in conquering the four Kings, and he may thank the King of Sodom for so bountifully rewarding that piece of service. To eschew therefore this calumny, doth Abraham refuse the wealth of the King of Sodom. Now if Abraham were liable to the like imputation from the envious grudging Heathen, by offering a sacrifice of their goods unto his God, as well as by appropriating the same unto his own self, than we must think that Abraham was also careful not to offer any sacrifice unto God of the goods of the Heathen. For howsoever they might have seemed cheerfully contented for a time, while their deliverance was fresh, yet afterwards the memorial of the benefit received from Abraham would have decayed, his goodness would have been extenuated, and his sacrifice blasphemed. For to this effect, in time unthankfulness might have taught them to speak. Indeed, Abraham was very liberal to his God, in offering so great a sacrifice, as the tenth part of all the spoils, but he was frank at other men's charges, for they were our goods which he offered so abundantly. When as then, thus might they have blasphemed his sacrifice as well as slandered his estate, it is alike requisite for him to shun calumny in the one regard as well as in the other: and as not to enrich himself, so also not to sacrifice unto the Lord of the goods of the Heathen. It is not untrue that these spoils were now Abraham's own goods, iure belli, by the law of arms, and therefore he might conscionably have offered of them unto God, what part he pleased, without any just imputation of doing any wrong unto the Heathen, but so he might also 〈◊〉 taken them to his own private enriching: yea the King of Sodom doth yield them most freely, v. 21. But Abraham's intent is to shun all occasion of opening the mouths of the heathen, either justly or unjustly to speak evil of his profession: and therefore as he will accept of no wealth for himself, but such as God giveth him freely without being any way beholding to the heathen for them, as you may see in the burial of Satah, so, Gen. 〈…〉 he is also of the mind of David, who will not offer unto his God that which cost him nothing, nor that which the heathen might have any colour to say had cost him nothing, 2. 〈◊〉. 24. ●●. therefore the tithes there mentioned, were not of the spoils, but of Abraham's own estate. If any body shall say, that howsoever Abraham might resign his own right unto the king of Sodom, yet he could not resign God's part, but must perform that unto God in his priest Melchisedech: I answer, that howsoever this conjecture is not so agreeable to the circumstances of the text, yet it favoureth the cause altogether: for if of necessity he must offer unto God his part, than it is granted that there is a part, and this tenth part (for of other determined parts we have neither rule nor practise) due unto God, and to be received by his minister out of every man's increase: for if the tithes be due in spoils of war, which are obtained with such charge of army, 〈…〉. such toil and hazard of so many lives, how much more in other things, corn, wine, cattle, merchandise, gain of handicraft, which are neither so chargeable, nor so dangerous, but peaceably and plentifully arise by the blessing of God upon honest employments. But there is yet in the text another inducement, to move us to think that Abraham paid no tithes out of those spoils. For where Abraham in the ●4. vers. doth capitulate those things, which though he would not have yet were to be deducted out of the spoils, namely, the parts of Aner, Eschol, and Mamre, and that which the 〈◊〉 men had eaten: the catalogue seemeth most exact, though in general terms: for, first he doth therein mention both the main matters which were to be deducted, as the parts of Aner, Eschol, and Mamre, and also that which was of the least moment, as those pittances of victual wherewith the soldiers had refreshed their hunger and thirst: certainly if he had given or meant to give unto God any such share as the tenth part of all those spoils, we must think it had been worth the naming in the catalogue, specially when the same is not only an indefinite enumeration, which might endure addition or diminution, but an enumeration with a negative, or excluding determination, when he saith, bidgnadairach, saving only that which is eaten, and the parts of those men. So that these words do apparently deny, that Abraham gave any part of those spoils unto Melchisedech. That Abraham did pay unto Melchisedech the tithes of all, that is most manifest, but that he paid tithes out of the spoils that is against the tenure of that Scripture: the word acrothinion, in Hebr. 7. importeth no such matter. Therefore it remaineth clear that he paid of all his own increase: as God did bless him freely, so he blessed God again in bounden duty and thankfulness. I showed before cap. 4. that before the law, the first born did receive the tithes, because they were the priests. And therefore whosoever this Melchisedech was, it is probable that he was the first borne in the family of Abraham: the Scripture saith, that he was without father, without mother, having neither beginning of days nor end, which is not spoken simply and absolutely, but by a figure; first, because the Scripture mentioneth not who were his Parents. Secondly, because he being a type of Christ, hath that eternity ascribed unto him by reason of Christ, who as he is man, hath no father, and as he is god hath no mother, and as he is the eternal God hath no beginning of days, etc. yet is it not unlikely that this Melchisedech was Sem the eldest son of Noah, as some learned men do think, for Sem was living when Isaac Carlet tithe. cap. 2. was 50. years old, and therefore almost all the days of Abraham. As Melchisedech therefore being by his birthright to have the care and charge of Abraham, came to gratulate his victory, and to pray to God to bless him: so Abraham in acknowledgement of the Priesthood of Melchisedech, doth pay unto him his tithes, which were his due in regard of his calling. As for the distance between the dwelling of Abraham and Melchisedech, it could not be great, when Abraham dwelled in Hebron, & Melchisedech in jerusalem, as it hath since been called. And Melchisedechs' so ready visiting of Abraham in his return from overthrowing the kings, doth show that they were not far a sunder, so that it was possible for Melchisedech to receive Abraham's tithes from time to time; and so the rule is observed, that before the Law, the first borne both did the duty, and received the due of the priesthood. The third practice which the Scripture mentioneth of paying tribute unto God, is Genes. 28. 22. Of all that thou shalt give me, I will give the tenth unto thee. Though this be but a promise of a practice for the time to come, yet I hence prove manifestly, that jaacob did practise paying of tithes. For, first, the good Patriarch is not here rapt with a fit of shipmen's holiness, to promise that he never performed. Secondly, considering that he was blessed of God in his journey, and did come again, and according to his promise did build the house in Bethel, he did also there pay the tithes of all that God gave Gen 35. 7. unto him. But some think, that they have exception enough against this practice of jacob, because it was (say they) merely voluntary, and not any thing whereunto he was absolutely bound: for he doth bind himself unto it by a vow, if god bless him and bring him again in safety: whereas if it had been a necessary duty, he must have performed it without condition, whether God had performed his desire or not. I answer that it is true, that jaacob was bound to pay his tithes unto God without condition, and though he had not vowed; but it will not follow, that because he vowed to pay tithes, therefore the thing in itself is arbitrary: for, men may vow necessary and moral duties, as it is most evident in this very vow of jacob, if it be duly considered as it is set down at large. If God will be 〈…〉. ●0. 〈…〉. with me, and will keep me in this journey which I go, and will give me bread to eat, and apparel to put on, so that I return again unto my father's house in safety. These words are the condition of the vow, or that which jaacob desireth of God in his vow, exprimit Moses orationem Iacobs performam voti, saith Musculus. Then followeth the vow itself, or that which jaacob bindeth himself to perform unto God; Then the Lord shall be my God, and this stone which I have set up a● a pillar, shall be God's house: and of all that thou shalt give me, I will give the tenth unto thee. The vow itself is in three parts, or three several promises, 1. the Lord shall be my God. 2. this stone shall be God's house. 3. I will pay unto God the tithe of all mine increase. Mark now the true nature and meaning of each one of these promises, and their necessary dependence one upon another. First for the meaning. 1. The Lord shall be my God. ●. I will worship the only true God, his verbis se obstringit jacob ne unquam à puro 〈…〉. unius dei cul●● desciscat: 1. In these words jacob doth bind himself lest he should at any time serve from the true worship of the one God. 2. This stone shall be God's house: that is, Here will I build a place to worship God therein. 3. I will pay to God the tithe of all mine increase: that ●s, I will maintain the worship of God in this place, according as God shall enable me: Dominum eo loco expecudibus & frugibus suis offerendo coluit: that is, he did worship 〈…〉 God in that place, by offering of his corn and cattle. Now mark the dependence of these one upon an other, and it shall thereby appear that it was not a thing merely consisting in the pleasure of jacob, either to pay or not to pay his tithes, though he had not vowed: for none of these can be separated one from another: I will 〈◊〉. pag. ●3. worship God, this is not arbitrary, but necessary: I will build a place for God's worship, this is also necessary; for the solemn worship of God must be in public Convocations every seventh day: Levit. 23. 3. I will give unto thee my tithes, this can not be arbitrary: for if it be necessary that God be worshipped, and necessary also that there be a set place for his worship, then is it also necessary that there be a set provision to maintain that worship. Then let not the name of a vow be thought sufficient to prove, that it was in the pleasure of jacob, whether Rich. 〈◊〉. sent●●die●. xxxviij. ●●●. iij. he would have paid tithes or no before he vowed, for he voweth not according to that old and lame definition, votum est propositi supererogantis promissio, that is, a vow is a promise of a needless intent; but he voweth things merely necessary, specially in the first part, and also in the second; therefore the making of this vow excludeth not tithes from being merely necessary. If any think it needless to vow that which is already necessary, he is deceived: for, by the vow doth a man bind himself more strictly, and becometh more careful in the performance of Moral duties: Infirmitati suae consulit Calv. 11. Gen. 28. Carlet. tithe. cap. 2. jacob ut se magis stimularet ad pietatis officium: that is, jacob made this vow to help his own weakness, and the rather to stir up himself to the duty of godliness: so that to vow even moral duties, is both lawful, and profitable. Yea further, such is the nature of a vow, that we ought not to vow any thing but that which is agreeable unto the will of God, according to that definition which is in Aquinas, Votum est testificatio quaedam promissionis spontaneae 〈…〉. quae debet fieri deo de his quae dei sunt secundum eundem: that is, A vow is a certain testification of a voluntary promise made unto God of those things which are Gods according unto God. Where the promise is called voluntary, but the thing promised must be agreeable to the will of God, for else in stead of worshipping God by our vows, we only perform will-worship, if we vow any thing unto God before we know the thing which we promise be a thing which God requireth: Hereunto serve the words of Culvin, when he saith of this vow of jacob, non quod suo arbitrio deum coluerit, that is, not that he would worship God after his own fancy: where he further admonisheth, ne quid voveant nisi quod per se Deo probatur, & illis dedit in manum: that is, men ought not to vow any thing but that which of itself is allowed of God, and which he hath given into their hands. If we may vow or offer nothing unto God, but that which God requireth, than it followeth necessarily, that tithes were required by God, because they were vowed by jacob. But all this while an adversary may think, that he may grant unto me all that yet I have spoken concerning this vow of jacob, and yet deny that any conclusion to my purpose can be inferred thereupon: for in this vow of jacob, even the former part thereof which is necessary, is not yet so necessary, but that something in it is arbitrary and not necessary itself, but only in regard of the vow: for where it is said, this stone shall be God's house, it may seem necessary to have a set place for the ordinary and solemn worship of God, but that the place must be this very Bethel, this seemeth not necessary; for it may seem to be in the power of jacob, to build his altar either here or in some other place where he think good; so that howsoever in the general, it is necessary that there be a place for God's worship, yet in the particular, it might have been in another place as well as in this. So in the last part of the vow concerning payment of tithes, to maintain God's worship, it may be granted necessary in the general, that there be an allowance, but that this allowance must be precisely and simply the very tenth, that may seem ambiguous: for as the one a circumstance of place, so the other a circumstance of quantity, may seem to be left to men's discretion. Answ. It is true as we showed, cap. 4. that divers circumstances are divers times permitted to the discretion of godly men: but in matters so serious and weighty, as the worship of God, and their holy vows, they are ever most wary not to determine any of the least circumstances but upon special cause, as may appear in this vow of jacob. One might think that for this circumstance of place, an other place might have served as well as this, but we shall find, if we duly examine it, that jacob doth not assume this place only upon his own pleasure, but upon such weighty reasons as did tie jacob to this place before any other. For, First, In this place God did both reveal Christ with his benefits unto jacob under the figure of that ladder which appeared unto him in his dream, and also make promise unto him both of a safe return into his country, and also of the enjoying of the whole land of Canaan for a possession and inheritance to him and to his seed In this place did God promise unto jacob that his seed should multiply as the dust of the earth all the world over, and that the propitiator jesus Christ, who should procure the eternal happiness unto the world, should proceed also from the very loins of jacob, as is plain from the beginning of v. 11. unto the end of the 15. v. Secondly, jacob doth not vow to make this place the house of God of his own head, but God hath first made the place to be his house, and then jacob doth but accept of the place which God had chosen: for so the text is plain, This is no other but even the house of God: so that jacob hath no more liberty for building unto God an altar in this place, than Solomon had for building the Temple in jerusalem, uz. in the place which God himself had 1. Reg. 8. 29. chosen. So that whether we consider the first reason, namely, that in this place jacob found so much favour, and received so many fair and sure promises at the hands of God: or the second reason, uz. that this is God's house already, God himself having already chosen it; we shall see plainly that this was the only place for jacob to build an altar for God in: for first no place so fit and beneficial for jacobs' devotions, as the place which could put him in mind of so many large heavenly favours: and secondly a necessity is laid upon jacob to make this the house of God, for God himself had made it his own house already. Thus far then it is very plain, that every whit of this vow of jacob is a matter necessary, yea the least circumstance thereof hath a most due regard to the aforegoing will of God, in precise and particular determination, vowing no more to God then what God himself already required. Then for the last part of the vow, which concerneth provision to maintain God's worship, we must also acknowledge that it is grounded upon special cause, not only in general, that it must be something, but also in particular, that it must be this determined something, the very tenth: for if the particular place of the altar was not assigned without special cause, then assuredly jacob, so godly a man, so well instructed, so deeply affected in his mind with reverence, as appeareth v. 17. so advised and serious in the whole carriage, so faithfully regarding to fly his own fantasies, and to follow carefully the very will of God in the least circumstance of the rest of his vow, doth not now in extremo deficere, and in the last point serve from God's direction to his own devise: but as in the former points, so also in this he hath a regard to the known will of Almighty God, vowing unto God the tenth, because he knew this to be the portion which God would accept of. For, if the eight, ninth, 〈◊〉 pag. 64. or twelfth, or any other part had been the part which god would have accepted, then assuredly had jacob vowed that and not this. Yea further, it is not likely that jacob durst have determined any part, if he had not either known aforehand, or been presently informed that that was the share which God hath reserved for his own portion. As Bethel is not Beth-El, or God's house, because Carlet 〈◊〉 cap. ●. jacob vowed it should be so, but jacob vowed he would so esteem it, because it is God's house already: Even so the tenth part becometh not God's part, because jacob doth vow that it shall be Gods, but jacob doth vow that he will faithfully perform the tenth to God, because he knoweth it to be the Lords own part already. And herein jacob doth no more (his act of vowing only excepted) then had been practised by his forefathers, as hath been showed in the former instance of his grandfather Abraham. The fourth practice concerning payments of tithes, is that of the Israelites, from the time of Moses, unto the coming of Christ in the flesh, which is the space of some 1500. years, all which time tithes were paid unto the Levites by God's assignation or appointment: who taking the Levites into his special service in the stead of the first borne, assigned unto them his special revenues of tithes and offerings for their service, so long as the same should endure, as hath been showed, cap. 4. But here now I think it sit, to show something more fully, that howsoever the Levites had the use of the tithes while they administered at the altar, and in the temple, & tabernacle; yet tithes were not any such Levitical matter, as was to cease when the children of Levi gave over their Priesthood. Indeed that is the common error, uz. that tithes were merely Levitical, and therefore now cease to be due by the word of God: but I shall by the help of God, show the contrary by good reason. Thus therefore I argue. That which is neither ceremonial, nor judicial, is not merely Levitical: Payment of tithes, is neither ceremonial, nor judicial: therefore payment of tithes is not mere Levitical. The Proposition is manifestly true; for the whole law of God, being either Moral, judicial, or Ceremonial, it followeth evidently, that what is neither Ceremonial, nor judicial is Moral, and therefore not Levitical: for howsoever the moral Law was of force in the time of the Levitical Priesthood, yet the moral Law was not Levitical: for that is called Levitical which began and ended with the Priesthood of Levi: the Moral law was before, and continueth still to the end of the world: therefore the moral law is not Levitical; no more are tithes, for they are also moral, because they are neither ceremonial, nor judicial. And first I will prove, that they are not ceremonial. First, that cannot be a Levitical ceremony, which is 〈…〉. 2. performed contrary to the Levitical order: but payment of tithes is found performed contrary to the Levitical order: for Levi who by the Levitical order is to receive tithes, did before the institution of his order pay tithes, Heb. 7. 9 Therefore payment of tithes is not a Levitical ceremony. Secondly, all Levitical ceremonies were types of heavenly Heb. 9 2●. things: 1. every Ceremony did shadow out, and signify either Christ himself, or some benefit redounding Carlet. tithe. cap 3. unto us from Christ; that God who ordained them, did not appoint any of them to be a cipher, an idle shadow, but they were all most certain gospels, preaching unto the jews, (though more obscurely) their spiritual cleansings, and their eternal glory and happiness in their Messiah which was to come. But tithes had no such signification, but did only serve to maintain the ministery, among the Israelites, in the tribe of Levi, which it had maintained before in the first borne: therefore tithes are not ceremonial. Thirdly, it is unlawful to retain now any ceremony 1. 2 qu. 103. a●. 4. Aug. tom. 2. epist. 19 that was Levitical, specially to the same use and end whereto it served in the Levitical priesthood. For the ceremonies being types of things to come, they were to cease when the thing signified should be accomplished, and therefore it is said by the Apostle, that they were to endure to the time of reformation; which reformation Heb. 9 10. being performed by Christ, the ceremonies do so far forth cease, as that who so now useth them, doth with the jews, deny Christ to be incarnate, dead, and buried, and risen again: and maintain, that he is yet to be expected. But tithes not only have been paid long after A●● conti. 〈…〉. 1●. c 16. tom. 6. the death of Christ, and the burial of all Levitical ceremonies, but also do still continue to the same end and use whereto they served in the priesthood of Levi, namely, to maintain the ministery. Neither is this practice accused of unlawfulness by any, excepting the giddy Anabaptists, and those whom we mentioned in the second Chapter, who in indignation against the abuse of tithes in Popery, have also disclaimed the use thereof altogether: these few only excepted, none have ever held it unlawful to pay and receive tithes, howsoever some think them not to be due by the law of God, but by an human constitution. Therefore we must either condemue the Church of God for so many ages passed of grievous transgression against the cross of Christ, or else grant that tithes were no Levitical ceremony. Origen discourseth this point at large, and determineth 〈…〉 that tithes▪ were no such legal ceremonies as were to cease upon the coming of Christ, but such an eternal ordinance or Commandment as was to continue for ever: of the like nature with these moral precepts, as he for example doth produce, Non occides, non facies adulterium, non furaberis: thou shalt not kill, thou shalt not commit adultery, thou shalt not steal: so Origen doth hold tithes to be directly moral: more of his judgement in this point is set down in the 9 chapter. But some, when they see that they cannot make tithes levitical ceremonies, think yet that they have a sure refuge, when they remember that some ceremonies which were not levitical, but of a more ancient original, have notwithstanding ceased, and been abrogated in the death of Christ: as for example; sacrifices, which though they were ancienter than Levi, yet have they ceased with the Levitical priesthood, and why (say they) might not tithes do the like? It is an easy thing to say that tithes have ceased as well as sacrifices, but I do not see the least likelihood that ever 〈…〉. 23. ●3. 〈…〉. it will be proved by any reason that shall have in it the least show of probabilie: and therefore howsoever such a miserable evasion might become those which are ignorant, yet I cannot think it possible that any man of learning, will make any comparison between tithes and sacrifices in this regard: For the sacrifices were manifest types of Christ the true Paschall Lamb, slain in God's decree before the beginning of the world, figured in the 〈…〉. Dan. 9 27 old sacrifices since the beginning of the world, and in fullness of time exhibited to cause the sacrifice and the oblation to cease. So that there is a necessary cause why the Sacrifices should cease, because they were types; whereas in ty●●es there is no such matter. Tithes were no types nor figures of any thing to come, therefore they are not abolished by the death of Christ, as are the sacrifices. Neither let any body say, that peradventure tithes were a type, and so strain his invention to wring out a signification for them, as Aquinas doth in divers places ● 2. q 82. ●● 1. & 3. p●● q. ●1. a●●. & q ●5. a●●. 1. & 7. of his Sums, where he presupposeth ten to be a number of perfection, and then maketh it a type of Christ. divers numbers, as three, scaven, and nine, are called each Gloss o●●●. in Num. 18. of them a perfect number in their several respects, as well as ten: but what of that? shall every one of these be a type of Christ? or if ten be a perfect number, what perfection is in an hundredth, which is ten ten perfect perfectness? this had been the only type in Aquinas his construction. This is more subtle than sound, for Thomas thus to sport with tithes as the Papists do with the rest of the Scripture, accounting it like a nose of wax to be wrung this way and that way; one while he saith tithes are moral, because of their general equity, an other while holdeth them judicials, for their determinate quantity: and now he will have them ceremonial, because of a devised signification: so they are quidlibet ex quolibet, what he will, to whet his wit withal. What may not the wit of man colourably imagine? His wit was great, and his learning exquisite, yet when his conceits want ground they must be left unto him as his own devices. And as for this devise himself doth sufficiently bewray the weakness of it, while he calleth ten, a number, quodammodo perfectus & quasi perfectus, that is, after a sort perfect, and as it were perfect: this is fere, sed non fit, almost, but not altogether, some thing like it, but not it. Types must have a more true resemblance then thus; As the kill of a beast to signify the death of Christ, must not be, as it were the kill of a thing like a beast, for that would type such a seeming Christ and such a juggling sacrifice as the manichees imagined: but that which signifieth the perfection of Christ, must be indeed perfect in his kind, as the male without blemish, and not the number of ten, which is but quasi and quodammodo, quasi typus, is non typus, as it were a type, and a thing like a type, is indeed no type at all; but as hath been observed by that worthy Bishop of Elie, this and the like is the common juggling 〈…〉 ●ames 〈…〉. of Popery, yea and of all Heretics as hath been latelier noted by our most gracious Sovereign, against Vorstius. If you will make tithes types, and assign them a signification, than you must show the same in the Scripture, and not dream thereof in your mere fancies. For, when the case is in question between God and men's consciences, God's word doth manifestly challenge tithes; men answer that peradventure God did not mean to have tithes of the Gentiles, or peradventure they were types, and are abrogated in the death of Christ. What a woeful slight shift is this, to allege ungrounded peradventures, and conceited May-bees, against God's peremptory challenged. God saith, all tithes are his; thou sayst, all tithes until Christ's incarnation; where is thy warrant or ground for this exception? assure thyself, thou hast not one foot, nor inch of any such ground in all the Scripture, to put thee into any hope that tithes were either Levitical ceremonies, as were the ark, the table, and the candlestick, or ceremonies at all of any ancienter original, as were the sacrifices. Thou mayst dream of that which will not be found when thou art awaked. That tithes were ordained for the maintenance of the ministery, that is Scripture; but that they were types, can never be proved. Thus have we proved that tithes were not ceremonials. It now remaineth, that we make plain against the Papists and Schoolmen, that they are not judicials. But first let us consider their reasons, whereby they would persuade us to acknowledge tithes to be judicials, which when we have answered, we will prove the contrary. Until the year 1250. no man ever held tithes to have been due to the Israelites by the judicial law: the first that ever ventured upon that defence, was Alexander Hales an English man, student of Paris, a begging Friar, T●●●en. A●b. 〈◊〉. who writ at the commandment of Pope Innocent the fourth. Innocent was a great favourer to the four orders of Friars, and mulus mulum scabit, one good turn requireth an other; the Friars in requital (among whom Alexander was a principal man) strained their inventions to the uttermost, to justify the facts of the Pope in alienating tithes from their own parishes. And so to that end among other devices, Alexander hatched this conceit, 3. pa● q 5●. ●. and thought it a fair one, and therefore avouched it, that tithes had been due to the Israelites by the judicial law: and therefore now remain at the Pope's pleasure: judicial precepts being now mortua, but not mortifera, 1. 2. q. ●04. a● 3. that is, dead in themselves, but not so deadly unto us, but that we may use the like politic laws, if need require. What Alexander began, Aquinas seconded, and him follow the rest of the Schoolmen. Aquinas his main disputation upon this point is 2. 2. q. 87. and what principally concerneth this question is in the first article, wherein he laboureth to infer two things; First, that the precise determination of the very tenth, is not moral. Secondly, that this determinate quantity among the Israelites, was judicial. Concerning the first, uz. that a determining of a tenth part can not be moral, I refer it to the thirteenth chapter of this treatise, to come in among other objections, & there to receive full answer. As for the other, uz. that the determining of a tenth part to be paid unto the Levites by the Israelites was by the judicial, the Schoolmen would prove thus: The people of Israel were divided into 12. Tribes; the Levites were the twelfth part of the people: if they had been the tenth part of the people, than the tenth part of every man's increase truly paid, doth make unto the Levite a share equal with the rest of his brethren, when he had else none inheritance among them: but for so much as God foresaw that many of the people would be slack in payments of what they were enjoined, therefore God appointed unto them the tenth, that so, though there were some slackness and default, yet the Levite should be sure of a competent estate, and such as should hold proportion with the other Tribes. This conceit doth much please the rest of the Schoolmen, & is now the best plea that the Papists have to clear their holy Father the Pope from the imputation of sacrilege and Church-robberie; it is Bellarmine's only help. Hereto we answer divers ways. First, if this hold proportion ●● clerical. l. 1. cap. 25. in Israel, whose Priests and Levites were (as they say) almost or about the tenth part of the people, where was that proportion before the taking of the Levites to the Priesthood? It cannot be showed that the Priests before the Law were also the tenth part of the people. The Priests before the Law had not the tenths, because they were the tenth part of the people, but in regard of their Priesthood, as is showed, chap. 7. no more had the Levites the tithes in regard of their number, but in regard of their service in the tabernacle, as hath been showed in the fourth Chapter. Secondly, the Levite is not the tenth, nor the twelfth part of the people, but the thirteenth: for howsoever the children of joseph are reckoned as one tribe, yet they were two mighty tribes, Ephraim and Manasses, the least of them being three times at the least as many as the Levites: so that if the people be reckoned but only in gross by their tribes, yet are the Levites but the thirteenth part of the people. Thirdly, they that make the Levites to be either the tenth, twelfth, or thirteenth, or twentieth, or fortieth, or fiftieth part of the people truly numbered, they are greatly deceived, and do much misreckon. For if we consider the number of the Israelites & Levites, as it was soon after that the tithes were assigned unto the Levites, the Num. ●●. number of the eleven tribes is six hundredth & one thousand, seven hundredth and thirty, Numb. 26. 51. the number of the Levites is three and twenty thousand, vers. 62. 〈…〉 & Le●●tes 〈…〉 tenth pa●● of this ●●●ber 〈…〉. num●●● of the 〈…〉. the two sums cast together, do make six hundredth, twenty four thousand, seven hundred and thirty. The just tenth part of this number, is sixty two thousand, four hundredth, seventy three: but the whole number of the Levites is not much more than the third part of this tenth part. And yet there is an other matter to be considered, which will much lessen the number of the Levites, for whereas in the numbering of the rest of the tribes, none cometh into the number but such as were twenty year old, and also fit for war, ver. 2. the Levites are numbered from a month old, ver. 62. who are not yet to execute any office in the tabernacle, until they be five and twenty year old, Num. 8. 24. & after the age of fifty, they were to cease and to execute that office no longer, v. 25. Now let a man esteem by guess how many in those three and twenty thousand Levites were not only under the age of five and twenty, but also under the age of twenty, under which age none of the other tribes are numbered; let him also esteem how many of that whole number of Levites might be above fifty, and I make no question but that he must deduct the one half at least, and so the number of the Levites shall not be much above eleven thousand, which doth not greatly exceed the sixth part of the tenth. So that by this true account, the Levites are so far from being the tenth part, that indeed they prove to be the threescore or sixtieth part of the people of Israel, when they were numbered in the wilderness, a little before their entrance into the land of Canaan, and soon after that the Lord had assigned the tithes to be the portion of the Levites. Afterward the Levites are reckoned from thirty year old, and their number is increased to 38000. 1. Chr. 23. 3. but the people are also increased accordingly, as appeareth, 1. Chron. 21. 5. to be almost sixteen hundred thousand men of war in Israel and judah, besides the men of Benjamin, who are not in the number, v. 6. who in all likelihood could not be less than two hundredth thousand, considering that 400. years passed in the account, Numb. 26. they were no less than five and forty thousand and six hundredth: and also the city jerusalem, and the most populous places of the country was in the land of Benjamin. So that still it is most plain, that the schoolmen, and their followers, do roave very wide, and come nothing near the mark, while they make the Levites to be the tenth part of the people of Israel: and so their reason to prove that the tithes had been due to the Levites by a judicial law, falleth to the ground, for the foundation thereof is found to be deceitful. Neither only the schoolmen in their acuteness have thus thought the tithes an equal portion for the Levites, whom they unadvisedly reputed to be about the tenth part of the people, but also diverse others weighing the matter in common equity, and considering the Levites to be a populous tribe, have thought that the tithes might be but a competency for them among the Israelites, and yet be too much for the Ministers of other countries, which should not need to be so many for the like proportion of people. But when this also shall have been duly considered, which I have made plain, uz. that of Levites fit for service, there was not above one Levite to threescore men, of the other tribes, being all men of war, and either being or fit to be Masters of families, it will appear that the number of Ministers now a days in other countries, proportionable for multitude to the land of Canaan, had not need be any less than was the number of Levites: for may not every threescore, yea every fifty or forty households be accounted ordinarily a competent charge for one Minister? If then other country's proportionable to the Land of Canaan, have need of as many Ministers, as the Israelites had Priests and Levites, then are the tithes of other countries no more a superfluous maintenance for the Ministers thereof, than the tithes of Canaan were to the Priests and Levites of Canaan, specially considering the exceeding fruitfulness of Canaan above all other countries, as appeareth, Numb. 13. 24. & vers. 28. where the grapes were so goodly, that one cluster thereof is carried between two upon a soa-staffe, as if one cluster of those grapes were a load for two men. Consider also the great exceed and advantages of the first fruits, offerings, and shares of sacrifices, which were daily added unto the portion of the priests in plentiful abundance; as all the meat offerings, except a little of each sort Levit. 2. ●. & ve●. 1● 1●. which was offered up by fire unto the Lord for a memorial: also the whole peace offering, whether of sheep, goat, or bullock: The whole sin offering of the governor, or private Leu●t. 3. etc. 4 & cap. 7. person: the whole trespass offering, saving that of each of these some few small fragments, as the kidneys, the call covering the liver, the rump, the fat covering the installs, slancke, and kidneys, which were to be burnt for a sweet savour: all the rest was the portion of the priests, as appeareth also, Num. 18. 9 where all these offerings are rehearsed, & assigned to the Priests by god himself; where presently followeth a farther grant, v. 11. This also shall be thine; the heave offering of their gift, with all the shake offerings of the children of Israel. All the fat of the oil: All the fat of the wine and of the wheat which they offer unto God for first fruits, and the first ripe of all that ●● in their land which they shall bring unto the Lord, every thing separate from common use shall be thine. And this was a great wealth, for every male must bring an offering thrice every year, Exod. 23. 15. 17. also all ground and houses dedicated unto the Lord was the priests, Leu. 27. But the grant afore named in the 18. of Numb. is still enlarged, v. 15. All that first openeth the womb of man or beast shall be thine; the first borne of man, and the first that openeth the womb of the unclean beast shalt thou redeem for five shekels after the shekel of the Sanctuary. And yet also the priests had divers advantages for the increase of their maintenance, besides their tithes, as all things to be restored when there was known no right Numb. 5. 8. owner: also they had their share both in the second sort of tithes which were to be spent in feasting in jerusalem, Deut. 14. 23. and also in the third kind of tithes which were laid aside every three years for the Levite and the poor, Deut. 14. 29. So that though a less company o● Ministers by the one half might sufficiently administer unto as populous a nation as were the Israelits, yet ought not the tithes of that nation be thought any greater maintenance for them, than the tithes of the Israelites were for the Levites, considering both the extraordinary fruitfulness of the Land of Canaan, and also the large ●ees, by which as we have showed the portions of the Priests were abundantly increased. Neither can it be said, that we have an advantage beyond the Levites in our gleab lands, which the devotion of godly forefathers have added to our benefices, considering that the Levites had their cities eight and forty Numb 〈◊〉. in number, and their fair suburbs, namely, two thousand cubits from the walls on every side of every city; I●sh 〈…〉. so that not in regard of an equity respecting the multitude of the Levites, but in regard of their service ●n the tabernacle, which they serve in the tabernacle of the congregation, Numb. 18 ●1. were the tithes assigned unto them, in which regard they are also now due to the Ministers of the Lord, though our service be of another fashion, it is in substance the same service, to the same master, and therefore justly challengeth the same allowance. And thus having showed, that the arguments of our adversaries do not prove, that the Israelites paid their tithes to the Levites by a judicial equity, I will now proceed to our reason whereby we conclude strongly that tithes did not belong to the judicial law. The judicial law of Moses was, as it is usually termed ●ra I●●. polit. 〈◊〉. by Divines, Lexhumana Mosis, lex politica judaeorum, ius civil Israelitarum: that is, the human law of Moses, the politic law of the jews: the civil law of the Israelites: so that a learned man defineth it to be, praeceptio Buc●●●● 19 de externis actionibus quibus regi civilem Israelitarum societatem oportuit, that is, it was an ordinance concerning outward actions, whereby the civil society of the Israelites ought to be governed. But tithes did not concern outward government, but the religious worship of almighty God: for they are not the revenue of the Magistrate for governing in the throne, but the portion of the Levite for his service in the tabernacle. Again, when we consider more particularly those things about which the judicial law was occupied, as dominions, inheritances, contracts, wars, distinction between jew and Gentile, punishment of manifold offences; we shall still observe, that the judicial law meddleth only in things appertaining unto men, and which are in common use: but tithes belong unto God, and are holy unto the Lord. Man hath nothing to do with them, but only in the right of God: and howsoever man doth use them, as his allowance or wages, yet consider of what work, as they be the wages, not of any work of nature, nor of any work of common civility, but as of a work of religion, and of God's special and solemn worship: and therefore tithes be not things in common use, but such as not man but God himself hath separated from common 〈…〉. use. Lastly, as we showed that tithes were no part of the Levitical ceremonies, because they were before the order of Levi, so also we do now conclude, that they are no part of the judicials of Moses: for they were before the time of Moses. Seeing therefore they were before the time of Moses, they are also to continue after Moses, except it can be proved, that either they were types, or that God himself did reverse them: for, what God himself hath once enacted without express limitation of any time, that remaineth a decree for ever, until the same God who made it, do repeal it. All the time of the priesthood of Levi, the tithes were paid unto the Levites, not as any matter Levitical, but as a matter holy unto the Lord, and due unto his service: what was Levitical, is ended, but the service of the Lord continueth: and therefore the tithes which are the reward of the service, do still continue with the service. CHAP. VII. The practice of tithing mentioned and confirmed by the new Testament. FIrst, it is a thing not of no moment that our Saviour Christ in the new Testament, speaking of the exact 〈…〉 payment of tithes, which the Phatisies used, telleth them directly, that this they ought to do, and addeth not the least intimation, either here or any where else, either in 〈…〉 his own words, or in the writings of his Apostles, that this practice of paying tithes ought to cease, or might cease. The Apostle Paul saith plainly, that the Disciple ought to administer unto his teacher of all his goods, and that the Minister of the Gospel is to be maintained even so as was the Minister at the altar, and that was by tithes, as we have showed, cap. 4. But yet more plainly even by the very name of tenths doth the new Testament affirm, that this practice of paying tithes is to continue among Christians; for Christ himself in the plain testimony of the new Testament receiveth tithes, which will manifestly appear, if we duly consider the seventh chapter of the Epistle to the Hebrews: where the scope of the Apostle is, to show the excellency of the priesthood of Christ above the 〈…〉 37. priesthood of Aaron, to the which end he bringeth in Christ under the person of Melchisedech, who was a type of Christ, in that he was both King and Priest, without father or mother, etc. That Melchisedech was priest, the Apostle proveth by two arguments; first, from the effect, v. 1. he blessed him: secondly, from the adjunct, v. 2. he received tithes of Abraham of all things. Whereby it is evident, that Abraham did did pay those tithes unto Melchisedech, not by chance, nor in courtesy, or bounty, but in bounden duty, and necessarily; for to receive a parcel of goods be it the ninth, tenth, or eleventh, more or less, at a man's hands, by way of chance, benevolence, or bounty, is no proof of any priesthood in the receiver, but of bounty and liberality in the bestower; but the Apostle doth prove that Melchisedech was priest even by this argument, because he did receive tithes of Abraham, which also the active word used, ver. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, doth imply: for it is not said, that Abrahamus decimavit seipsum, but Melchisedech decimavit Abrahamum, that is, took his own part, not received a voluntary gift. And therefore Abraham was bound to pay his tithes to Melchisedech: and tithes are due to the Priesthood wheresoever that be either in Melchisech or in Levi, as hath been showed in chap. 3. and 4. When the Apostle had demonstrated the Priesthood of Melchisedech, he beginneth then vers. 4. to compare the same with the Priesthood of the Levites; so as by Melchisedech he understandeth Christ, and saith of him, ver. 8. that he receiveth tithes: here men that die, receive tithes; but there he receiveth them, of whom it is written, that he liveth. Some would here restrain these words to Melchisedech the type, as if he of whom it is written, that he liveth, must be referred to Melchisedech, and not to Christ: but we must know what the text speaketh most plainly, that these things are spoken of Christ by the name of Melchisedech: for so are the words, ver. 13. 14. He of whom these things are spoken pertaineth to an other tribe, whereof no man served at the altar: for it is evident, that OUR LORD sprung out of judah. So then, He, that is, our Lord, that is, Christ, receiveth tithes, and tithes belong to the Priesthood of Christ by the testimony of the new Testament. For as under the Law it was not so much the Levites, as gods in the Levites, they receiving Gods tithes as receivers of his sacred tribute, as worthy Caluin doth call them: even so before the law, not so much Melchisedech, as the Lord in Melchisedech, did receive tithes: and now under the Gospel, not so much the Ministers of the Gospel, as He, that is, our Lord jesus Christ, doth receive the tithes, if men will not defraud him. But suppose that the new testament did not so plainly avouch the tithes to be due to Christ, yet I trust there is no colour to deny that they are even by the new testament affirmed to be due to the Priesthood of Melchisedech: for he of whom it is written that he liveth, must be either Christ or Melchisedech: an other thing is plain also, that the Priesthood there spoken of, is an eternal priesthood, a Priest for ever: If the order of Priesthood there spoken of be an eternal order, and yet such an order as to whom the tithes are due, then be the Priest, either Melchisedech the type, or Christ the antitype, yet the same thing is still evinced, namely, that tithes being the due of an eternal Priesthood, must also be themselves eternal, that is, to continue to the end of the world: for that is the eternity of the longest priesthood. Hereunto are the words of M. Calvin upon this place very clear and full, the testimony is large, yet I will rehearse it at large: His 〈◊〉. in Heb. 7. ● verbis contendit Apostolus dignitatem sacerdoti Melchisedech perpetuam esse, Levitici verò temporalem. Sic enim ratiocinatur, hi●, quibus decimas lex assignat, homines sunt n●●tales, quo indicatum fitit abrogandum fuisse aliquando ●● sacerdotij quemadmodum finem habebat corum●uta. Scriptura autem nullam commemorat mortem Melchisedich cum ●● rat folutas illi fuisse decimas, ita ius sacerdotij illiu nullo terporis spat to terminat, qum potius subindicat eternae esse d●rationis; Hoc autem ideo additum est ne videatur posterior lex (ut moris est) priori quiequam derogasse, excipi enim alioqum poterat, ius illud que potitus ulim erat Melchisidech esse tam absoletum, quia aliam legem deus per Mosem iulisset qua illud transferebat ad Levitas: sed occurrit Apostolus cum dicit, ad tempus decimas Levitas solut as fuisse, quia non semper viverent, Melchisedech verò quia immortalis sit retinere usque in finem quod a deo semel illi datum est: that is, In these words the Apostle avoucheth that the dignity of the Priesthood of Melchisedech is perpetual, and that the dignity of the Priesthood of Levi was but temporal: for so he reasoneth, These to whom the Law assigneth tithes are men that die, whereby was intimated, that the right of the Priesthood was one day to be abolished, even as the lives of the men should expire; but no Scripture mentioneth the death of Melchisedech, when it reporteth that tithes have been paid unto him, so the right of that Priesthood endeth not in any space of time, but rather showeth itself to be of eternal continuance. Now this was added, lest the latter law should seem to have derogated (as the manner is) any thing from the former: for else it might be expected, that the right which Melchisedech enjoyed of old, is now repealed, because God hath given an other law by Moses, whereby he translated that right unto the Levites. But the Apostle doth prevent that when he saith, that tithes were paid unto the Levites, but for a time, because they lived not perpetually: but that Melchisedech, because he is immortal, doth retain unto the end that which was once given unto him by God. Now what is that perpetual right which Melchisedech once received from God, but right to be the Priest, to do the durie of the Priesthood, which was to teach, to bless, to sacrifice, and to receive the due of the Priesthood, assigned thereunto by God, as the words of M. Calvin formerly cited do import. Quod debebat Abraham deo, soluit in manum Melchisedech: that is, that which Abraham ought to God, he paid into the hands of Melchisedech: this right perished not in the translation of the Priesthood unto the Levites, but continueth eternal unto the end of the world; and therefore doth the Apostle speak so plainly, that, he of whom it is written, that be liveth, our Lord of the tribe of judah, doth receive tithes; and so tithes in the new Testament, even by the testimony of the new testament, are due to the ministers of the Gospel. And this, and no other practice, concerning tithes, do the Apostles mention, approve, and commend unto the Churches. CHAP. VIII. The practice of tithing in the times next succeeding the Apostles. WE are now come to the times next succeeding the Apostles, whose practice was as the times would bear; for they had no Christian Magistrate to order things aright, but lived under tyrants, and among heathen, who hated the religion, persecuted the men, and confiscated their goods, and hindered all good courses what they could to the uttermost; so that those who were backward and covetous would do what they listed, and those who were truly willing, either they paid nothing, but received alms, being utterly impoverished, or else if they had any thing, they gave all into the common stock, and lived in common with the rest of the Church. And yet it is thought of some, both godly and learned, that tithes were paid in those Primitive times to the use of the Ministry. This hath been observed and testified by that learned Zanchius, whose words are these, In novo De redemp. in 4 praecep. cap. 18. lib 5● testamento post ascensum Christi in coelum, per totum illud tempus quo nullum ecclesia habuit principem & magistratum politicum, qui curam ecclesia patrociniumque susciperet, primùm penes Apostolos omnium pauperum erat cura, deinde translata ad diacon●s, ut est in act is, eoque deinceps eorum erat colligere à fid●●ibus tum decimas more Levitarum, tum alias el●●mosinas quae tum ad ministrorum, tum ad reliquorum pauperum rerumque ecclesiasticarum necessitatem pertinebant, sed non sine Episcopi consensu distribuebantur, quemadmodum liquet in ecclesiasticas historijs, & apud Cyprianum in epistolis: that is, In the new Testament, after the ascension of Christ into heaven, all the time that the Church had no Prince and civil magistrate to undertake the care and defence of the Church, th● care for the poor la●e at first upon the Apostles, afterward it was transferred unto the Deacons, as it is in the Acts, and then it was their duty to gather from the faithful both tithes after the manner of the Levites, and also other alms which appertained to the necessity both of the Ministers, and also of the poor, and other Church affairs, but they were not distributed without the consent of the Bishop, as appeareth in Ecclesiastical stories, and in Cyprians epistles. This testimony of Zanchie showeth, that provision was made for the Ministers of the Primitive Church two ways, partly by tithes, which were paid unto them, more Levitarum, after the same manner that they were paid unto the Levites; and partly by the bounty of such men as in consideration of the poverty of the Church, bestowed from time to time, more or less, of their goods, or lands, as an offering unto God, and an addition unto the maintenance of the ministery. Secondly, here Zanchius testifieth that which is plentifully to be found in ancient writers, uz. that these revenues both of tithes and offerings, were wont to be brought unto the Bishop of each diocese, at whose direction the distribution was made amongst the presbyters, or Ministers, who were employed in his diocese: 〈◊〉. 1● q 1. 〈…〉. l. ● c. ●●. and this doth Zanchius speak according as is extant in Gratian, and the first tome of the councils. And hereby is discovered the error of those, who think that before there were distinction of parishes, which, (say they, and therein also they are deceived, was Ann. Dom. 1180. not until the counsel of Lateran) every man might pay his tithes to whom himself thought good. But do they think indeed that before the counsel of Lateran, men might pay their tithes to whom they listed? then I ask of them, by what law were they bound to such payments? by a human constitution? nothing less: for howsoever the simplier hearted world heretofore enacted all statutes in shorter lines and fewer words than now they do, yet find we no laws of so great antiquity as that they had not then learned to include so necessary circumstances of payments, as the party to whom the payment be made. If it be then answered, that not any human laws, but mere conscience, did move men to pay tithes in those former times, and therefore did every man bestow his tithes then upon that or those parties to whom in conscience he thought them most due, than the question is yielded, uz. that tithes are due by the law of God without any human decree; for if the conscience be tied, and not by any law of man, then certainly there is the direct law of God. But the truth is, that ever since the Church had a Christian Magistrate, and that things could be thoroughly settled, there have been human laws to enforce the payment of tithes, which were formerly due by the law of God: for tithes being long acknowledged, and paid in the Church, before there were any human laws concerning payments of tithes which were formerly due by the law of God, it followeth plainly, that they were held due in the Primitive Church by the law of God: and as for that which is surmised of the choice of their teacher, unto whom they would pay, it is a very dream: for as we have showed, the tithes before distinction of parishes were to be brought into the common treasury, and distribution to be made thereof by the consent of the Bishop. I doubt not but some precedents may be shown of men paying their tithes, some to one, some to an other, as each man best fancied: but than it was either by special licence, obtained for that purpose, or done by such men, as either for their greatness could not be ruled, or for their meanness, or looseness of the times were not regarded, and then factum est, sed non oportuit, that is, that was done, which ought to have been undone: it being contrary both to the godly custom of the Primitive times, and the wholesome laws of succeeding Churches, according to the words of that Palentine Council, Anno 1322. Parochiarum divisio à sanctis patribus instituta certitudinem 〈◊〉. Pal●●t anno 1●22 cap. de parochi●●. parochianorum & decimarum debitam solutionem inducit, cum verò libertas mutandi parochiam per abusum qui in quibusdam patribus in●leuit parochianis indifferenter conceditur, tum parochianis ipsis subtrahendi decimas praebetur occasio, & ecclesijs iniuria in decimarum, primitiarum, oblationum, & aliorum iurium subtractione damnabile irrogatur, that is, The division of parishes, which the holy Fathers ordained, bringeth in both a certainty of parishioners, and a due payment of tithes, but when liberty of changing parishes is indifferently granted unto parishioners, through an abuse which grew into fashion in some of the Fathers, than occasion is afforded unto parishioners to withdraw their tithes, and also (which is a damnable thing) an injury is done to the Churches in the detaining of tithes, firstfruits, offerings, and other rights. And therefore it was in that counsel decreed, as appeareth in the same Chapter, that those people who betake themselves to the communion of other Ministers, and pay their tithes from their own parish Minister, and also the minister so receiving any, do incur the sentence of excommunication. Again, further mark, that in the Primitive Church the Bishop and the Ministers did for the most part live in common in each diocese, clericorum ut plurimum communis erat vita & conversatio: so saith Duarenus out of Gratian, Dua● l. 2 c 1. 〈◊〉 12. q●. 5. D. 〈◊〉. which same thing a learned man of our own age and country observeth upon Act. 20. 28. uz. that the whole clergy did in common attend the whole flock. But in process of time, parishes began to be limited in each diocese, in some sooner, in others later, and then upon the limiting of distinct parishes, Singulis ministerijs certi reditus adiuncti & assignati, quibus ministri Dua● 〈◊〉. tanquam re propria fruantur eosque ipsi arbitrio suo dispensent atque administrent: that is, Unto each ministery were assigned and adjoined certain revenues, which the ministers enjoyed as their own goods, and which themselves did administer and dispense at their own pleasure. And hence we have an answer ready to the objection of some, who say, that if we will have tithes now, as the Levites had, than we must have as they had, common barns and storehouses, into the which the tithes must be first gathered, and then distributed. But the answer I say is ready, to so frivolous a cavil, uz. that so it was whiles the Ministers did live in common, as the Levites used; but when the state of the Church did require an other course, and that parishes were limited, & several men assigned unto several cures, to reside among their own several parishioners, to oversee them, to preach publicly, to admonish, exhort and comfort privately, than every Minister hath the tithes and oblations of his own parish, and so his own private barn and storehouse where to lay up the revenues of his own ministery, wherewith himself and his family are to be maintained, hospitality is ot be upheld, and the poor to be relieved, as their need, and the ministers ability, do hold proportion. And whereas some do make themselves so skilful in the Counsels, as to ascribe the first distinguished parishes to the Council of Lateran, certainly nihil habent praeter auditum, they have but a little hearsay from some, that say either they know not, or they care not what: for they never advisedly examined the Counsels, and other records of the state of the Church in former times: for as it is in the writings of Leo in the fift Lateran Council, Primitiva Se●●. 11. ecclesia ubi primum per orbem lacertos movere cepit, provide attendens quantum oneris humeris impositum haberet, divino consilio parochias instituit, diaeceses distinxit: that is, The Primitive Church so soon as it began to stretch out her arms over the world, providently considering how great a burden she had upon her shoulders, did by divine counsel ordain parishes, and distinguish dioceses. And as for those, who make such use of the council of Lateran against this point, I would know of them what they say to these words of this council of Lateran? but because I have named this to be the fift council of Lateran, it may be that the limiting of parishes was by some of the former counsels. It is marvel then, that this council should be so much overseen, in a matter of fact specially, as to say that parishes began to be distinguished in the Primitive Church, if that distinction had begun at any of the Lateran Counsels, the eldest whereof was eleven hundredth of years after that the Primitive Church began to dispread itself over all the world. And yet to reveal this error something further, and to make it most plain, that the distinction of parishes cannot be showed to have taken beginning at any of the Lateran Counsels, consider that of the first and second Lateran Council, act a non extant, their decrees and canons are not to be found. And as for the third Lateran council, by that time we have examined it, we shall be so sufficiently stayed with full satisfaction, that we shall not proceed to look upon the fourth for this matter: for in that third we find that there were distinct parishes before the time of that Council. Council 〈…〉. Part 1. c. 13. The words thereof are, Nonnulli modum avaritiae non ponentes plures eclesias parochial●s n●●untur adquirere: that is, Some men being immoderately covetous, do labour to get more parish churches. The decrees of that council reckon it a fault to be reform: therefore certainly there were distinctions of parishes; for could men desire to have, or not be contented with the benefits of one parish, when there were no distinctions of parishes? therefore before this council of Lateran, there were distinctions of parishes. Indeed in this Council there is a Canon for some subdivisions of such parishes as were too large, as it seemeth, & afterward in the time of the Palentine Council aforenamed, 〈◊〉 1. c. 16 it seemeth that some places pleaded freedom and exemption from being of the society of any constituted parish, and therefore was it there decreed, that parishes should be instituted in cinitatibus, castris, municipijs; In cities, castles, forts, and all other places, in quibus parochie limitatae non sunt, wherein parishes are not yet bounded: not that before now there were no distinct parishes, but that now some abuses or defects were redressed, or supplied. But what talk ●e of yesterday, when we have record of the most ancient ages: for in the Cabilon: council, paying 〈…〉. tithes to new founded Churches is forbidden: and in the Council of Chalcedon, we are taught that then the●e 〈…〉 15. cap. 17. were distinctions of bishoprics and parishes: for so are the words, Singularum ecclesiarum parochias rusti●as manner episcopis qui eas retinere noscuntur: that is, We decree, that the country parishes of each Church, or diocese, remain unto the Bishops, which are known to retain them under their government. And no marvel, seeing that even a general division of Churches into parishes was made about the year, 266. when Dionysius Inter decret. 〈◊〉. & cause 13. q ● was Bishop of Rome. Neither yet was this the first time that ever parishes began first to be constituted (though this be long enough before the pretended Council of Lateran) for in Alexandria about the year 180. Eusebius Euseb l. 5. c. 9 reporteth, that there were the Churches of Alexandria: what meaneth the word in the plural number? it doth not import, more Catholic Churches than one, for there is but one, nor doth he mean more diocesan churches, for Alexandria then was but one diocese: therefore by Churches, he meaneth the several parishes, or congregations. Yea and yet sooner in Rome even before the Platin. ex 〈◊〉. On p●●de epi●●. & tit. death of john the Evangelist, histories do intimate that the Church had her several and distinct limitations. Thus have we made it manifest, that neither were parishes first divided by the decrees of the council of Lateran, neither before the limiting of parishes might men lawfully pay their tithes where they listed, but that tithes were ever due to the Church, and to the Ministers of God's word in the Church: In general or jointly, whiles the antiperistasis of persecution did contract or enforce the Church into a narrow room, so that the whole ministery of a large country lived together in narrow commons; but seeing the mercy of God hath dissolved this cloud, by causing the sunshine of his comfortable Gospel to increase in heat and brightness, inflaming men's hearts with godly zeal, and enlightening their understandings with sound knowledge, so that the number is increased, and that Christian Magistrates are become nursing fathers, and nursing mothers unto the Church, and do cause peaceable and orderly government, so that for the more ease of the ministers, and far more advantage and ease of the people, parishes are in all countries, provinces, and dioceses distinguished: each parish is faithfuly to pay the due tithes to it own Minister. CHAP. IX. The judgement of the ancient Fathers concerning tithes. WEll said Elihu, The dares shall speak, and the job. 32. multitude of years shall teach wisdom. The very heathen may cause just shame unto many in these impudent days, wherein the antiquity of our godly forefathers is reputed but as dotage, by those whose unsowne wild-oats and giddy presumptions, have not yet learned the definition of sobriety. Heathen Agamennon, who knew not God, had yet so much manners as to reverence the speech of aged Nestor; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Illiad. ●. O man of age, thy speech is sage, and grounded on good reason. Graceless Rehoboam hath known to his smart, what it is 1. Kin. 12. to despise his ancients. Next unto that ancient of days, Almighty God speaking in the old and new Testament, in the writings of Prophets and Apostles, the ancient Fathers both Greek and Latin, who lived nearest the Apostles times, can best inform us in the truth of that divinity, which is most consonant to the will of God. For howsoever diverse, or every one of those ancients are sometimes suspected to be, and also sometimes indeed are in error, some in one point, some in an other (as who erreth not, being neither Prophet nor Apostle?) Yet are they not combined therein like Simeon and Levi, brethren in evil: they uphold not any error with general consent, but what is either mistaken, or scarce sound avouched by one, is better interpreted, and more purely taught by an other; so that what point soever the fathers do harmonically and with consent of all, agreeingly maintain, that point rightly understood according unto their true meaning, is ever certainly orthodoxal truth. I will not stuff up a volume with multitude either of Authors, or of testimonies, but only produce a few of the most ancient and best esteemed Fathers, and of each man's writings but a few of their most pregnant assertions. The youngest that I will cite is no babe nor infant, but a Father indeed of twelve hundred years standing and antiquity, who is plain and copious for his judgement in this point, in one place these are his words, Maiores nostri ideo copijs omnibus abundabant, quia deo decimas Aug. l●b ●0. homiliar. hom. ●8. dabant, & Caesari censum reddebant: modo autem quia discessit devotio dei, accessit indictio fisci: that is, Our ancestors did abound therefore with plenty of all things, because they did give tithes unto God, and perform tribute unto Caesar; but of late because that devotion of God is gone, the imposition of the exchequer is come upon you. The plain testimony of Augustine therefore is, that in the times before him, tithes were wont to be paid unto God, as Gods due; which thing caused God also to bless those which paid them: and lest it might be deemed, that in the time of Augustine, which was four hundredth years after the incarnation, tithes were grown out of due date, he addeth, that the means of impoverishing men by the heavy exactions of the emperors officers in his time, were a judgement of God upon men for want of devotion in tythe-paying; whereupon is that saying, dabis impio militi quod non dabis sacerdoti: that is, thou shalt be constrained to give that to the profane Soldier, which thou wilt not give to the Priest. And in an other place the same Father saith, exim● partem aliquam 〈…〉 redituum tuorum. Decimas vis? Decimas accipe, quanquam parum sit, dictum est enim nisi abundaverit inflicia vestra plus quám Scribarum & Pharis●orum non 〈◊〉 in regnum eaelorum: that is, Lay out some part of thy revenues▪ Wilt thou have it to be the tenth part? take out the tenths though that be a small matter, for it is said, except your righteousness exceed the righteousness of the Scribes and pharisees, ye can not enter into the kingdom of heaven. So also Serm. de temp. 219. Deus non eget tuis bonis, non postulat munus sed honorem: non rogat tuum, sed suum: dignatur rogare decimas & primitias, quid faceres si novem partes vendicaret tibi relicta decima? that is, God hath no need of thy goods; he demandeth not a reward, but honour at thine hands: he doth not ask thine, but his own: he vouchsafeth to demand tithes and first fruits: what wouldst thou do if he should challenge the nine parts, leaving unto thee only the tenth? In all which sayings, and many more, Augustine doth claim tithes not by any human constitution, but in God's behalf as God's right or due. Of the same time with Augustine, and of the same judgement in this point was Hierom, whose words are these, Quod de decimis diximus quae oli● à populo dabantur In Mal. 3. ●. sacerdotibus & Lovitis, in ecclesiae quoque populis intelligo: that is, what we have said concerning tithes, which in old time were given to the Priests and Levites, I do mean it also in the people of the Church. Where he plainly expoundeth that double honour, whereby Paul termeth the 1. Tim. ●. 1●. exhibition of the Ministers, to be tithes, which he maintaineth to be as due now to the Ministers of the Gospel, as ever they were unto the Levites in the Tabernacle. Chrysostome saith, justiciam, fidem, & misericordiam Deus Hom. in Matth. 4●. mandavit propter suam gloriam, sed decimas in sustentationem suorum ministrorum: that is, God hath commanded justice, faith, and mercy for his glory, but tithes for the maintenance of his ministers. Likewise in his Homilies Hom. 1●. Act. upon the Acts of the Apostles, stirring up men to pay their due to the Ministers of the Gospel, he telleth them that howsoever they are but mean men, yet they may do good works, though they be not able to build Churches, nor to perform any such great matters, if they will but truly pay their tithes, parumne est deum ex omnibus fructibus prius partem ac decimas accipere? that is, Is it a small matter that God doth first take a part & tithes of all increase? not intimating that God doth impose any heavy burden in ask the tenth, but stirring up the poor man not to be discouraged, seeing that in paying to God's Ministers no less than the tenth part of all his increase he doth therein such a work as God accepteth at his hands in good part. So Chrysostome affirmeth plainly, that tithes are due to the ministery by the word or commandment of God, mandavit Deus, are his words, that is, God hath commanded. Ambrose swerveth not in this point from those aforenamed, 〈…〉. but requireth at the hands of men true and exact payment of their tithes, imputing that for a capital sin unto any man wherein he hath failed in true tithing; Quicunque recognoverit in se quòd fideliter non dederit decimas ●mendet quod minus secit: that is, whosoever shall be think himself that he hath not faithfully paid his tithes, let him amend that wherein he hath failed. So Ambrose speaketh of tithes as matters due, and also in use and practi●e, so far forth as the non payments of tithes, yea the unperfect or unfull payment of them, was a grievous sin to be repent of: but more of Ambrose his mind in this point is to be seen hereafter in the 12. chapter in the distinction of tithes into praediall and personal. These four so reverend Fathers for learning and holiness, living in the same age by their consenting judgement in this point (wherein they neither contradict one an other, not are contradicted by any either of their own times, or of the times before them, or of the times which followed them for the space of eight hundred years) do both sufficiently testify what was the doctrine of the Church, in their most happy times, concerning tithes, and also confirm that that doctrine was the truth. And that it may yet further appear that this doctrine which Ambrose, Chrysostome, Jerome, and Augustine taught about tithes, was no new invention of their own; I will yet show that they held no otherwise in this point than they had learned from their learned predecessors: for Cyprian & Origen who were above an hundred years before these aforenamed, taught also the same and no other doctrine concerning tithes. Cyprian his words are, debere presbyteros tanquam decimas 〈…〉 accipientes ex fructu, non recedere ab altari, sed nocte dieque spiritualibus inseruire: that is, That ministers as being receivers of tithes of the increase, ought not to retire from the altar, but night and day to attend upon spiritual things. The word altar is here to be taken tropically for the ministry of the Gospel, which (saith Cyprian) the Minister may never neglect, by incumbering himself, or intermeddling in secular affairs, because that the maintenance of the ministry doth arise out of the tithes of men's increase, without entangling the ministers mind with worldly care. Origen was something before Cyprian in time, but differed 〈…〉. nothing from him in this point: for thus he speaketh, Quomodo justicia nostra abundat plus qu●m 〈◊〉 Scribarum & Pharisaeorum, si illi de frugibus terrae non aud●●t gustare priusquam primi●ias offerant sacerdotibus, & decimas Levitis separaverint, nos autem nihil horum, etc. that is, How doth our righteousness exceed the righteousness of the Scribes and pharisees, if they dare not taste of their fruits, before they have offered the first fruits to the Priests, and laid apart the tenths for the Levites, wh●● we shall do no such matter? But what may one say is this to the purpose? I answer, that Origen having in that place spoken of the right of tithes among the Israelites, he than addeth as followeth, Hanc ego legem observari e●iam secundum literam puto: that is, I hold that this law ought to be observed even according to the letter: which words he oftentimes repeateth in that homily, and is very copious and earnest in the point, affirming fully, that tithes are due by moral precept, which is perpetual, as we have showed before, cap. 6. Also, Origen expounding that place, Matth. 23. 23. these things, uz. paying the least tithes, ought ye to have done, and not to have left the other undone, saith, that this is a precept, non minus in usum Christ●anorum qu●m judaeorum, no less for the use of Christians then of jews. These of the most ancient and excellent of the Fathers, some of them so near the times of the Apostles, & others so long after, for the space of 400. years, knew no other doctrine concerning tithes, but that they are due still according to the letter: and that it is a heinous offence against God, either not to pay tithes at all, or to pay them fraudulently and unfaithfully. More of the judgement of the ancient Fathers, together with the manifold decrees of counsels to this effect, who will may see in the treatises of M. Carlton, and M. C●rl●t cap 〈…〉. Eburne, and also in the decrees of Gratian. CHAP. X. The judgement and practice of heathen concerning tithes. BEsides all this which I have showed to have been the ●udgement and practice of men fearing the true God, we have also arguments to be drawn to this purpose Carle●. t●●h. cap. ●●●burn. cap ● pag. ●1 62▪ ●●. from the heathen, which knew not God, yet by their practice have declared the payment of tithes to be a moral duty. For even Heathen writers do witness that this, even this very portion of the tenth part, hath been accustomably and religiously paid unto the heathen Gods, with this observation thereupon, that by such payments they became rich and prospered. Plutarch saith of Lucullus, 〈…〉. that he became rich because he paid tithes to Hercules. And Diodorus Siculus reporteth, that many of the 〈…〉. Romans both mean and wealthy, did vow and practise the like payments of tithes unto Hercules, and prospered thereby. Macrobius proveth as much out of Varro, and 〈◊〉 l. ●. cap. ●●. that it was the common custom of the ancients to vow tithes unto Hercules Xenophon writeth of some, who paid 〈◊〉. 3. tithes to Apollo. To the same effect are the words of ●estus, decima quaeque veteres dijs suis offerebant: that is, The ancients did offer their gods all manner of tithes: for among the Sabaeans and Aethiopians as Pliny writeth, the 〈◊〉 l. 12. cap. 1●. & ●● merchants may not meddle with their spices until the Priests have laid out the tenths for their gods. So also in He●c●●. 〈…〉. spoils of war, they did pay their tenths, and offered tithes of all unto jupiter. Pausanias' a Grecian general, ●a●●l. 〈…〉 3. l. 2. p●g. ●3●. having obtained great victory against the Persians, laid aside the tithes of all his spoils to be divided between jupiter, Apollo, and Neptune. The Carthagmians paid ●au●l. pag. 100L. tithes of the pray unto Hercules, when they had spoiled the Scicilians. Camillus going against the Veians vowed to pay tithes unto the goddess Matuta, if he should overcome. Plu●●n Ca●●l. And Linie saith concerning that expedition, that when the Veians had been overcome by the Romans, Dea●●▪ ●1. l. ●. the tithes were paid, howsoever he nameth the party to whom they were paid to be not Matuta, but Apollo. Now whereas the Heathen so usually, so long time, in so many places have accustomed the payment of tithes to their gods, what shall we think of it, but that the Heathen by the light of nature, perceiving all prosperity to come from God, and to depend upon his good pleasure, have thought themselves bound to honour God with their riches: and this they have learned by tradition from the sons of Noah, spread and continued among all nations, that the tenth is gods special part, neither is this my pri●ate fancy, but the opinion of those learned men who so lately have laboured in this point: and also the judgement of the learned Brentius, before their times, whose words are, Dare decimas ad conseruanda sacra, non fuit recens à Leviticis In Le●●t. ●7 ●0. sacrificulis excogitatum, sed erat iam ante patriarchis usitatum. Abraham cum reverteretur à caede quatuor regum dedit decimam spoliorum sacerdoti Melchisedecho: & Iacob cum fugeret saevitiam fratris sui, vovit si reverteretur incolumis ad patriam, se daturum decimam omnium facult atum suarum, ad constituenda sacra in Bethel. Gentes etiam dederunt aliquoties decimam dijs suis, quod haud dubie sicut & mos sacrificandi à Patriarcharum exemplo desumptum est: that is, To give tithes to maintain God's worship, was no new invention of the Levitical Priests, but a thing long before accustomed among the patriarchs. When Abraham returned from the slaughter of the four kings, he gave tithe of the spoils to Melchisedech the Priest: and when jacob fled from the rage of his brother, he did vow that if he returned in safety into his country, he would give the tithes of all his substance to maintain worship for God in Bethel. Also the Gentiles have sometimes given their tithes unto their gods, which practise no doubt as the custom of sacrificing was taken from the example of the patriarchs. And to this effect is that saying of junius, decimae ture omni post hominum memoriam deo fuerunt sacrae: 〈◊〉 l. 3 c. 7. that is, Tithes have time out of mind been holy unto the Lord by all laws. Hereupon it is, as some are of opinion, that Church goods or revenues, have been anciently distinguished Duar de benef. l. 2. c. ●. into temporal and spiritual, by spiritual, understanding tithes and offerings, and by temporal, such gleab and other possessions as men of their devotion and charity have bestowed upon the Church to increase the maintenance of the Ministers; because tithes being due to the Church by the law of God, which is perpetual, they are of perpetual continuance also, but those things which come from men, they are caduca, fluxa, temporaria, that is, fading, transitory, and temporary. For howsoever many additions have by the bounty of men much augmented the estate of the Church, yet tithes are not of men, but of God's institution, holy to the Lord, assigned to his Ministers, iure omni, by all law or right, under the law, under the Gospel, and before both, and so acknowledged by the very consciences of Heathen men. CHAP. XI. How Lay men became owners and possessors of tithes. FOr the space of six hundred years after the incarnation of Christ, and of four thousand years before the incarnation, which is from the beginning of the world, no profane hand ever dared to violate these holy things of God: but about the year six hundred, (which was a time fatal to the world for the birth of many monsters, as of impious turcism in wretched Mahomet; proud Antichristianisme in ambitious Boniface, unnatural and outrageous parricide in disloyal Phocas) did arise also that sacrilegious monster Carolus Martellus, in the realm of France, of whom we may say not much otherwise then the Scripture speaketh of jeroboam the son of Nebat, which made Israel to sin: Charles Martell made Christian Princes to sin, in drawing them on to spoil the Church by his cursed example. For when those barbarous people the Huns, Goths, and Vandals, were become Lords of Italy, and had miserably wasted the Churches, specially in Lombardy, they began to set themselves against France: Carolus Martellus being Gag. ●●. hist. 〈◊〉 l. 4. the only man in France, in regard both of courage, and of countenance fit to lead the army against the Infidels, D. ●idle●. ●●ew of ●●v. & c●l law. pag 14●. could not be persuaded to undertake that charge, until he had gotten the Clergy of France to resign their tithes into his hands to maintain the water; the Church and Clergy, (being much affrighted with fear of becoming a prey to the Barbarous, and also drawn on with the fair promises of Martellus, who solemnly protested unto the Clergy, that so soon as the wars should be ended, he would restore unto them their own again with advantage of recompense) yielded unto his demands; who went against the enemy, and overcame, and when upon his victory he should have been thankful unto God, and true of his promises to the Churchmen, he showed himself a sacrilegious spoiler, so as where the tithes of the Church had been in trust committed into his hands for the needful aid of the present wars, he divided them among such of his soldiers as he thought good to reward, and so alienated them from the Church for ever; leaving unto the Clergy some such poor reversions and fragments as they had reserved for their bare sustenance ungranted at the first to Martellus. And thus became lay-men first of all to be owners of tithes, uz. by fraud and violence; but in process of time, this presumptuous fact became a precedent to be wretchedly imitated in all the parts of the Christian world. Krantzius reporteth, that the Christian Saxons K●●nt. l. ● metrop. c. ● were feign with their tithes to maintain soldiers for their defence: and that Popes to gain the good wills of Princes, did bestow much of the tithes upon them for fear of being despoiled of all. Hereunto is to be added, an immoderate admiration Hosp●●. ●●●g. Mo●. wherewith the whole world hath doted upon divers orders of monks, and Friars, building them houses, and Colleges, appropriating unto them the tithes of many large and fruitful parishes, exempting such lands as they held in any place from being tytheable to the incumbents of the parishes; for the subtlety of the Devil whispering into men's conceits, that the preaching of the Gospel bred heresies, schisms, and contentions, and that the only way beneficial to men's souls was the prayers, fastings, and other observances of these monks and Friars; not only the common people, but even Kings and Princes, Bishops and Popes, and all sorts, degrees, and sexes, did so strive to establish and encourage them, as that besides many fair possessions of lands, much also of the tithes of the church, became their patrimony, partly Catalogue. testium. ver●●. tom. 2. l. ●5. by annexation, partly by exemption, and so they sucked the best tithes into their cloisters. Furthermore, the Popes to advance their favourites, sometimes their Cousins, and sometime their bastards, under the name of their nephews, even while they were children, would send their commandments unto Bishops, to convert the tithes of the fattest benefices in their several dioceses, to become provisions and pensions to maintain such as the Pope's pleasure would appoint. An example whereof Matthew Paris reporteth, Math. Paris Hen. 3. 37. Ann. 125●. saying, that their was an attempt in the diocese of Lyncolne in England, though rejected by that worthy Grosthead, who was there then Bishop, a very learned man, & a stout adversary unto the Pope's usurpations. In imitation of the aforenamed Martellus, divers as in other Countries, so in England took upon them to alienate the tithes from their parish Churches, insomuch that not only the Kings, but also Noble men, and Bishops, would either assign unto their favourites pensions, or grant unto them exemptions from the tithes of such parishes as did belong unto their patronages: for restraint D Rid. view of which ungodly practice, a statute was made under 〈◊〉. cap 10 Edward the third. And yet all this while did the Pope by his Bulls and Legates, still appropriate parsonages unto Abbeys and Nunneries, and in that blind world this was reputed no wrong, because this was thought to be done to a good end to maintain prayer and devotion, as we said before in this chapter. At last, when King Henry the eight became a defender of the faith (in another meaning then the Pope had, when he first gave him that title) that is, In banishing the Idolatry and tyrannic of Antichrist, which is the Pope, whom he happily avoided out of this blessed Island: King Henry (I say) finding the stolen goods, uz. the tithes of the Church in the cells and cloisters of Munks, Nuns, and Friars, like the precious gold and goodly garment in the tent of Achan, did not either conscionably restore the good to the owner thereof, or religiously dedicate it, as a hallowed thing unto the Lord, but swayed with the error of the time, became himself receiver of the Friars thievery, and shared the same among his favourites, for love or for money, as himself thought good; and still the patrimony of the Lord, is detained in the unjust hands of those, who can have no true interest therein. Many do think with themselves, that because they have bought out parsonages with their money, or have them by the bequest of their parents, that they may wash their hands in innocency, and plead themselves to be no usurpers. But bethink thyself, whosoever thou art, who eatest the milk, and wearest the wool of the sheep, having neither ability, nor calling to feed the flock; bethink thyself (I say) that if thy fathers, either bought for money, or received as a gift, the goods of the Church, and the portion of the Lord, from those who had no authority, either to give, or to sell them, the gift or sale can not be good in law before the exact and fearful bar of the judgement seat of Almighty God, who is Lord of Lords, King of Kings, and judge of judges, and a party in the case. For it is he that receiveth the injury, and will refer it to fearful trial. In that King Henry did thus dispose the tithes which he found in the Abbeys, he did more than he had warrant for. And if thou, or thy Father, have bought the revenues of the Church from those, who had no right to sell them, assure thyself, that thou hast no true right to enjoy them; thou art in danger, if thou repent not seriously, and in time prevent the Lord by restitution, to have thy plea of bargain to be answered peromptorily with a caveat emptor, that is, thou shouldest have been better advised, to consider what, and of whom thou wert in buying. Dost thou not know that an entailed estate, cannot be sold? if it be bought, the estate is not good unto the buyer. The Lord hath entailed his portion of tithes to the maintenance of his service, as we have formerly 〈…〉 showed, and then who can cut off an entail of Gods making? Tithes are not temporal goods, to fleet up and down from one to an other, and never to continue in one stay, but are given by the Lord a perpetual ordinance, whether at the altar in the tabernacle, or at the font and pulpit under the Gospel. To these we find them given in plain and plentiful terms, but never to any other body by any show either of holy Scripture, or of ancient Fathers. Did King Henry give away the tithes from the church to laymen? I would to god so worthy a Prince had not been prejudiced with so fowl a blemish: I am persuaded in my soul, that if he had been aware of what he did, he would sooner have given away his crown from his head, than the tithes from the Churches: and if self-love and covetousness did not overblind and entangle the men of this age, they durst not detain what was at the first so unjustly gotten, as that it is impossible for them ever to have a good ●ight thereunto, except God from heaven should reverse his grant, and enact that laymen may have right unto tithes. It is not always easy to set down in particular, either what the judgements of God will be, while men are yet in their sins, or what was the very cause which provoked the judgement, when we see it executed; yet is it not to be passed over without consideration, and fear of the Lord, which divers have already observed, as no small token of God's anger against that man (though for many excellent things, a King of worthy memory) who having at his death a fair and hopeful issue, likely for long time to continue his blood in the throne of the kingdom; yet in the next generation his name is clean put out: & specially, D. R●dle●. view of c●v. & col. l●w pag. 170. this is the more to be considered with seriousness, because Edward, and Elizabeth, were the beloved of the Lord, defenders of the true faith, zealous of the glory & the name of God; yea Elizabeth a faithful Confessor in the fiery trial of persecution she endured in the days of Queen Marie, yet for all this, that King who lived himself within these few years, left behind him so fair a progeny, of so great hope to have his name continued, is not only himself gathered to his Fathers, but also hath already his whole posterity gathered to himself: so as there remaineth not so much as one of his seed to stand in the congregation. This doth seem to be a judgement, and howsoever we know not the cause in particular, yet we are sure that it was not without cause; and of all causes known to the world, what liker to anger God so grievously as the wasting of his church? Be it said that he left it no worse than he found it, when he wrought the reformation. But he should have been advised to have done justice in restoring the good to the owner, the known owner thereof: and have reform the injury, where he reform the religion, and banished robbery by restitution, as well as banished Popery by just suppression: for the part of the civil Magistrate, is not only to stint a thief that he steal no more, but also to cause restitution, when the owner is known, and the goods found. As therefore, men can see that they have no right unto their tithes, but from King Henry, or from some other, by as crazy a title; so let them consider in time, lest they repent it too late, what a testimony of anger the Lord may show upon them; and be as much afraid with the remembrance of his indignation, as they are encouraged with their grant, and practise, which is not good. What if we should make a catalogue of all those courtiers, & others, who in the dissolution of the Abbeys were much enriched by the spoil of the Church, how few of so great estates are not already ruinated? It is true that there is an interchange of things in this world, and that it is a vain thing for men to think that their names, lands, Psal. 4●. ●1. and houses shall continue for ever; but yet, that in so short a space, so great a change should be of so many families, so likely to have continued for longer space, must needs make men see, if they be not wilfully blind, that the fact was displeasing unto almighty God, and that It is destruction for a man to devour that which is holy, Prou. 20. 25. Is it possible for a man that is a detainer of tithes (if there be not extreme hardness in his heart) to hear or read that saying of Malachi, without compunction and trembling? Ye have spoiled me in tithes, and in offerings; ye ●sal. ●. 8, 9 are cursed with a curse, because ye have spoiled me. It is a poor case that any man can have to his conscience, by saying, I was not the spoiler, it came to me by the means of others, when as whosoever hath been the thief, thou hast been the receiver, and art still the detainer: Decimas Caus. 1● q 7. 〈…〉. quas ●n. sive ab episcopis, vel regibus, vel quibuslib●t personis laic● acceperint, nisiecclesiae reddiderint, sctant se sacrilegij crimen committere, & aternae damnationis periculum incurrere: that is, Whether men have received the tithes from Bishops, or Kings, or any other persons, (except they will restore them to the Church) let them know, that they do commit the sin of sacrilege, and incur the danger of eternal damnation. To the same effect was that decree of Constantine, Contrasacrosanctas ecclesias nihil dicere audeat, Euseb de vit. Const l ●. cap. 39 & quas res ad tempus per iniuriam possederit, eas ecclesijs iure restituat: that is, let not a man dare to allege any thing against the holy churches, but what he hath for a time unjustly possessed, let him justly restore the same to the Churches. It is in vain for Adam to say it was the woman, or for the woman to say it was the serpent; for as the serpent hath no excuse, so the excuse of the rest can do them no service to defend them against the wrath of God. Even so lay thou the fault upon thy father, thy father upon King Henry, King Henry upon the Pope, as upon the young spawn of the old serpent: yet as serpent, man, and woman are all accursed, whosoever was the chief or first in the business: even so thou, thy father, and whosoever else wrongeth the Church, wittingly and willingly, are all cursed with the curse, further than you can decline by true repentance: (which when the sin is revealed, to the conscience, divinity acknowledgeth not without restitution, so far as a man is able.) And therefore to conclude this point, I say no more but this, uz. Let men take heed how they obstinately detain what was at the first unadvisedly and unjustly laid hold upon; for greater is his sin, who will not by admonition be persuaded to desist, than his who hath been overcarried by oversight. Our forefathers were overseen: take you heed that you be not hardened to choke yourselves with the undigested juice of those fair grapes which they have swallowed, and would now most readily ungorge, if they might be allowed but one hours respite upon this earth again. Possessors indeed lay men are, and long have been, and reputed owners of tithes, but without just title in the Court of conscience, by the which all men must be one day adjudged: sacrilegij culpa non vacabit, qui aliquid horum ausus fuerit negare aut subtrahere: He cannot be free from sacrilege, who shall dare to deny or withdraw any of Gualterin Mat. 23. 23. these things: how much more than are they sacrilegious who pull them from the Church's possession? CHAP. XII. The distinction of tithes into predial and personal: the injurious customs of these times; the diduction of expenses in personal tithes. THere is acknowledged now adays a distinction of tithes into predial and personal: predial tithes, are those called, quae enascuntur è praedijs, that is, which arise out of the grounds by use and employments of lands to tilth, pasture, garden, or the like. Of these predial tithes we have a catalogue, Leuit. 27. 30. All tithes of the land, of the seed of the land, and of all the fruit of the trees; & vers. 31. every tithe of bullock and of sheep. Of these there is yet an other subdivision into great, and small tithes. Of small tithes Christ may seem to speak, saying, ye tithe mint, and anise, and rue; intimating that whereas 〈◊〉. 23. 23 the providence of God doth order and bring forth as well the least branch of mint, or 'slife of rue, or anise, as the whole valleys of corn, and whole herds of cattle; so it is good reason that the Lord be paid his tribute, or tenth, out of these smaller and slenderor crops, as well as out of those more plentiful increasings. Yea, so exactly doth the Lord require his tithes, (for they are his tribute) as he cannot in any case endure any diminishing thereof: whereupon it came to pass, that Abel offered his offering unto God of the best and fattest: Abraham paid tithes to Melchisedech, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, of the chief and principal of the heap: and God himself gave strict charge to the people of Israel, that no man should exchange, or make composition for his tithes, except he would give for it the fift part more than the price thereof; If any man will redeem any of his tithes, he shall add the fift 〈…〉. ●1 part thereunto: that so there might be an abundant wariness, that God should not be presented with any less than his due. I would that men, who so eagerly press upon us, and maintain against us, the customs of these times, would duly consider this, and not dare so to rob God, and oppress his Ministers, as usually they do, being so far from adding a fifth part to the price they give, as that oftentimes they do not perform the fift part of the tithe for the whole tithe. But what should I speak of the fift part, when many customs do scarce pay the twentieth part of the tithe for the whole? As in the case of Lactage in most places; some pay a penny, where the true tenth is worth twenty, thirty, or forty shillings, as in the case of the smoke penny, or hearth silver: yea, divers tithes are utterly denied, and yet nothing allowed in the lieu thereof, as of timber. And yet it is thought that herein is offered no wrong, because they can plead Custom. Indeed here we see the saying true, Consuetudo peccandi tollit sensum peccati, that is, men have gotten such a custom of robbing the poor Church, as that they think it now to be no sin: the antiquity of an evil custom should not bear it out with authority, but make it to appear the more loathsome, and call for the more speedy reformation. It is and hath been an old custom, for men to rob upon the high ways, to cousin in shops, and to forswear themselves before judges; but seeing these customs are as wicked as they are old, their grey hairs cannot credit them; but as there are good laws, and faithful care to abolish those, so there should be also means to reform those, which as armed thieves do rob the ministery, and enthrall the souls of those which practise them unto condemnation, if repentance prevent not. Can any man deny that any evil Custom should be abolished? and what goodness in the world can be, yea what wickedness is not in customs, wherein there is no conformity with the word of God, nor any one inch of conscionable equity? The word of God will have the tithe, that is compounded for, to be redeemed with more than the true value, equity would allow as much price as the thing priced is worth, these customs do oftentimes allow nothing, and oftentimes as good as nothing: the word of God, and equity would have men to deal as they would be dealt with: men would be loath to take sometimes a crown, and sometimes four crowns for that for which they will scarcely allow the Lords Minister four pence: is this equity, or can any custom make this conscionable? The plea is, that when any custom first began, the things so compounded for, were estimated to be worth no more than is now performed by custom: but what is this to avouch the equity of the custom? will any body now afford the Minister for his groat, yea for his shilling, so much of any thing necessary for food, lodging, or clothing, as at the beginnings of divers customs he might have had for his single penny, or peradventure for his half penny? what then is the custom but oppression, when it so disableth the poor Minister, and enforceth him in many places to a for did and miserable life, far unseeming the honour of his calling, or the revenues of his place, if he had his due? That things have been at a smaller ●a●e, doth show that there was some equity in those customs, wherein now there is none; and justify the tolerable compositions of our forefathers, to the utter condemning of the unreasonable hardness used against Ministers in the customs of these times. If a Minister shall reason with his parishioner now, and say unto him, the time was some hundredth or two hundredth years ago, when twelve pen●worth of corn might have sufficed your family a whole seavenight, both for bread and for beer, therefore it is equity that you be now allowed no more: will not the good neighbour here think that his Pastor wanteth either charity, or discretion, in this divinity, when the world doth see and seel, that in so long a space, pri●●● have been raised as often again as jacobs' wages have been changed, ten and ten times? and yet it is thought that the Ministers mouth is stopped with sufficiency of reason, and fullness of equity, when men can tell him that neither they nor their ancestors never paid any more this hundred years and upwards. Alas, alas, the less hath been paid under the true value, the more art thou in arrearages; so that thou shouldest rather with speed make satisfaction for the wrong, either by performing restitution, or by begging remission, then plead an old injury to maintain a daily trespass. An ungodly custom can never become a wholesome law, the older it is, the worse it is, when it is unlawful. Shall we plead, or should the first reformers have pleaded, that time out of mind, you were wont to have in most parishes no preaching, but service mumbled in mangled Latin, and the pictures on the walls, and the garishness of the Church windows to preach unto you, for, more than you could fish out of those dumb shows, you might not know of any Scripture. Shall we plead that it hath been a custom, time out of mind, (scarce (alas) yet broken in many places) to have no sermons? will you not readily tell us that this was a wicked custom, to defraud men's souls of spiritual food, and that if we do so we can not answer God at the day of judgement, because he commandeth us to seed the flock? and in 〈◊〉. all this you speak the truth, which we do freely acknowledge, not daring to plead any custom against it; for we prefer the discharging of a good conscience in the duties of our calling, before that ease which we might find in obserning of the old custom. Consider you therefore that if custom can not excuse our negligence, if we shiver not out unto you the food of life as God hath enjoined us; so no custom will serve to excuse you, for not obeying the rule of the Apostle, who commandeth him that is taught in the word, to make him who hath taught him, partaker of all his goods. Do you think to answer God in this case with a juggling pretence of an unconscionable custom? when God saith do none of those abominable customs which have been before 〈…〉 you. It is a fearful and horrible sin for the Pastor to deny unto his flock the spiritual food; Vae mihi, Woe is me, if I preach not the Gospel; and let men assure themselves, 1. C●r. 9 that although something a lesser sin, yet no less is it then a crying sin, to withdraw from the Minister his corporal maintenance. If it be so grievous an offence, that he who ploweth thy ground, or threshed thy corn to feed thy body, be not answerably considered, then be thou undoubtedly persuaded, that it is no trisling offence to pinch and rob thy Pastor, who doth feed thy soul with the word of God, and watch and pray for thy salvation. And therefore be more careful to discharge a good conscience, in paying unto the Lord, and his Minister, his due tithes, and obeying that law of God which under grievous penalty requireth it at thy hands, then by presuming upon the advantage of an injurious custom, to rob God, and defraud thy Pastor: All tithes of the Land of the seed of the land, and the fruit of the trees, are the Lords, holy unto the Lord: also all tithes of bullock, and of sheep, if a man will redeem any of his tithes, he must add a fift part: therefore transgress not the commandments of God by your tradition, or custom. Personal tithes are those called which arise of a man's personal employment, or industry, in any mystery, art, or science, in any course of trade, traffic, handiework, or occupation whatsoever. Many are the several callings, wherein men by the blessing of God upon their endeavours do reap much profit, and therefore do own tenths and tribute unto almighty God, by whose providence they do prosper. The heathen people as they did fond imagine that there were many Gods for several purposes, and that nothing could be brought to good pass without the help of some deity; so when any course did prosper in their hands, to their good content, they ever used to make an oblation of some part of their gain, and usually also (as we showed in the tenth chapter) of the very tenth part unto that god or Idol by whom they imagined themselves to have been furthered. If they had successful sailing, or benefit from the sea, they sacrificed to Neptune: If the harvest were plentiful, they were thankful to Ceres: 〈…〉. For the fruitfulness of the vine they made their offerings unto Bacchus: when their flock did thrive, they paid their vows to Pan and Faunus: upon recovery of health, they remembered to gratify Aesculapius; for nature itself did teach the heathen, that upon receipt of every benefit, we own a tribute unto God for his blessing. But the Christian man knoweth, that all these gods of the Heathen, were but either the corruptible work of men's hands, or the vain imaginations of men's foolish heads, and that all benefits of what nature soever they be cometh from the gracious blessing of that only God, who as he is infinite in nature, so is he manifold in his blessings: for he is the God of the mountains, and the valleys, a God near hand, and a God afar off, the God of heaven, and the God of earth, the God of the cloud, and the God of the sea, the God of men, and the God of cattle; so as what increase or benefit soever any man receiveth, by any whatsoever lawful means, he hath the same from the bounty and goodness of almighty God; Remember the Lord thy God, it is he which giveth thee power 〈◊〉. ●●8. to get riches. If any man say, that God may well challenge tithes of the husbandman and shepherd, because the grounds by endeavour, tillage, and tendance, do yield a natural increase; but of Citizens, or tradesmen, who have nothing but thereir stock or handie-labour, he cannot challenge after the like reason. I pray you consider, that if all men in all estates and conditions, are to depend alike upon the providence of God, then are all men alike obliged to pay unto God his required and due tribute, according to the measure of his blessing upon their estates and employments. Aquinas proveth this by those words of Paul, If we have sown unto you spiritual things, is it any 〈…〉. great matter if we reap your carnal? Whereupon saith the schoolmen, Omnia quaecunque homo possidet sub carnalibus continentur, & ideo de omnibus possessis decimae sunt soluendae: that is, All that a man hath are contained under carnal things, and therefore are tithes to be paid of all that a man hath. There were among the people of Israel, not only shepherds and husbandmen, but also tradesmen, handicrafts, and merchants, and yet we find not that any sort of them were exempted from paying tithes, in so much, that the Pharisees themselves though they were Doctors of the Law and sat in Moses chair, though by their sect 〈◊〉. p ●5. they were the Monks and Friars of those times, yet while the Lords inheritance (which is the tithes) was assigned unto the tribe of Levi, the pharisees did pay their tithes exactly and duly, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, I give Luk. 18 12. tithes of all that I possess; so the Lord by the Prophet Mal. ● 10. 〈◊〉. 27 32. Malachi saith, Habiveth col hammagnaser: bring every tithe and all that passeth under the rod: that is, all things that can be numbered: for it is a speech alluding to a sashion of numbering then in use, by pointing at things with a rod or wand in the numbering of them. Consideret (saith Augustine) quod omnia dei sunt, per quae vivid, sive terra, sive flumina, sive semina: that is, let a man consider that all things whereby he liveth whether it be the earth, or the floods, or the seeds, they are all the Lords: and therefore upon all kind of increase, out of whatsoever it ariseth lawfully, 〈◊〉 p. ●●. there is a tribute of tithe due unto the Lord. But the question in these days is not whether Personal tithes be due or not, but whether they be due after the same manner that the predial tithes are, that is, whether a man must out of his trade or occupation separate and lay aside for the Lords Minister the very tenth part of all his increase as holy unto the Lord? or whether he may not by deducting certain expenses content God and his Minister with a lesser portion? Whensoever the distinction of tithes into predial and personal was first devised, certainly non sic ab initio, it was not so from the beginning, nor near the beginning, there is not the least mention or likelihood thereof in all the Scripture, it was unknown unto the Fathers of most note and antiquity. The first mention or appearance of any such distinction so far as I can trace the same, is in the decretals of 〈◊〉. cap. past 〈◊〉 Gregory the ninth, which were set out in the year 1231. where diduction of expenses is allowed unto some men. And for the further assuring of us that this was not extant in any written constitution before that time, the gloss upon that place doth freely confess it saying, Nullo iure scripto sed tantummodo hîc invenitur, & none alias, sed consuetudine approbata: that is, this is not found in any written law but only here and no where else saving that it is allowed by custom. The decrees, which though abridged by Gratian, yet first compiled by an * vz Bu●cha●du● Monk of Lob. ann. 1005 state of the Church. pag. 282 or by 〈◊〉 b●s●. of ●arnat. as others report ●vo lived in the days of Vrban the 2. anno. 1088. cent 11. other, are far ancienter than those decretals, allow no such diduction of expenses in any one case more than other, but enjoineth tithes to be paid out of all increase of all kind of trade or dealing. The gloss which is upon the decrees doth mention such a distinction, yet so as he doth deny and disclaim it as unsound: for speaking of personal tithes he addeth presently, * Caus. 16 q 7. cap. Quic●●que recog●oue●●t Certè●stae & illae similiter lege divina debentur: that is, Verily these, that is, the personal tithes: and those, that is, the predial tithes, are due both alike by the law of God: and as for that custom which the gloss of the decretals doth speak of when it began, himself doth not declare, nor can I tell where to seek; only this I am sure of, that for the space of more than three hundred years after Christ it was not acknowledged: the words of Ambrose are plain, Quid est See 〈…〉 fideliter dare decimas, nisi ut nec minus nec peius aliquis offerat de grano, aut v●●o, aut de fructibus arborum, atque pecoribus, an't de horto, aut de negocio, aut de ipsa venatione sua? that is, what is the faithful paying of tithes, but that a man offer neither less nor more of his seed, or of his wine, or of the fruits of the trees, and cattle, or of the garden, or of traffic, or of his very hunting? So then Ambrose maketh no difference. No more doth Augustine take any notice of any such distinction, but rather plainly speaketh to the contrary, as may appear in his words above cited, exime partem redituum tuorum, etc. lay aside or take out a part of thy revenues howsoever arising; what part? the tenth, of what? of all. Consider that all is the Lords, the seed, the fruit, the flood: he doth not say some are of the Lord and therefore own tithes, some are not of the Lord and therefore own not any tithes; neither doth he say some things are of the Lord after one manner and some after another, and therefore all own not tithes alike; but let a man consider that all are of the Lord: and then to take away all doubt he descendeth to particular, Do militia, de negotio & artificio redde decimas: that is, pay tithes of thy warfare, 1. Serm 1●. 〈◊〉. po●t. 〈◊〉 of thy trade, and of thy handicraft: and yet more fully, quod si decimas non habeas fructuum, quod habet agricola, quodcunque te pascit urgenium, dei est, & indedecimas expeti● un le vivis: that is, if thou hast not tithes of fruit, which thing the husbandman hath, what devise soever doth maintain thee it is the Lords, and thence he requireth tithes whereupon thou livest: and then follow those particulars aforenamed, the militia, de negotio, etc. Unto these Fathers therefore, nor unto their forefathers there was known no such diversity of tithing, much loss is it allowed by any of them as reasonable, as may appear by their writings at large, a taste whereof is given in the ninth chapter, in those few fragments there briefly, but yet faithfully, rehearsed. In process of time as is seen in the decretals, the indulgence and connivence of the Church, for the greater encouraging of men in some professions and courses (considering either the casualties whereunto such trades are subject, or the greatness of the charge wherewith they must be followed) hath permitted unto them a diduction of their expenses, requiring tithes only of that portion of increase, which doth remain as a clear gain or advantage. Where we have advisedly to consider both what parties may take benefit by this toleration, and also what must be accounted clear gains, and what may bear the name of expenses, lest either some without any cause, or others beyond the justness of their cause, be bold to plead (without contradiction) either exemption from all, or mitigation in part. Of such parties as by any colour of equity may crave diduction of expenses, there are three sorts, the first is the husbandman in some causes; as for example, if a ground which hath been formerly so barren that it was utterly unprofitable nor could be made soysonable without great expense, is at last, with long and large labour and cost of the occupier, made good and fruitful; here it seemeth that a man should be allowed all his charges before he pay any tithe, because that until a man hath received all he hath laid out, he seemeth to be rather diminished then increased, but tithes are due of increase, therefore they seem not due in these cases. Some colour of reason this hath, and yet no such absolute force as is without strong resistance; for first, that is not a certain rule that tithes are not due, but where the stock is increased; for let a man buy a thousand cattle, all big with young, and nine hundred of them not only fail to bring forth, but also perish utterly in a little space, yet is the tithes paid of the increase of the residue: likewise, though the ground tilled yield not the charge of the seed and husbandry bestowed upon it, yet is the tenth cast out as it is, better or worse without regard of expenses. Secondly, in the case of improving grounds, though the charge be great, yet is it not so necessarily to be allowed before the tithes be paid, for it is much in the nature of a purchase to the owner: if a man hath made a purchase he is not to say, I will pay no tithes out of ground purchased until I have received from it so much profit as it cost me, because that until than I am not increased but diminished, even so in this case, the charge of improvement hath raised the estate of the improover, in that his yearly revenues are increased, and therefore why should not tithes be due out of such an improvement as well as out of a purchase? Indeed in regard of benefiting the common wealth, there is a great difference between a purchase and an improvement, because that in a purchase a property only is altered, but the common wealth not enriched, but in such an improvement the very soil is amended and so the common wealth is advantaged, and the church also (whose estate of benefit is to rise o● to fall with the common wealth) is also made a gainer, and therefore hath there been granted unto improovers this favour of having their charges diducted, rather to encourage men to be so advantageable to the Church and Commonwealth, then in regard of the charge itself, whereby the party is but made a purchaser. A second sort of men allowed their expense before ●hey tithe are Merchants; that is, such men as by sending ●orth, or fetching home commodities, over Seas, or by long and tedious journeys, are liable, as to great expense, so to many dangers of shipwreck, Pirates, robbers by land, and many other casualties, unto these kind of men the connivency of the Church (for their greater encouragement) and not any other necessary force of reason, hath allowed their expenses. For, if these men plead their reasons, there are answers for them in all readiness: as, If they say, we are at great charge, and under many dangers, what we now gain, we may lose again upon the next adventure: The answer is, that God is the God of the sea and land, so that what gain soever is lawfully compassed, either by sea or land, that cometh by the good and free blessing of Almighty God, and therefore oweth unto god that tribute which himself imposeth, and that is his tithe: even as the tribute of impost is paid to the King absolutely, without respect of the merchant's charges or dangers. And as for the dangers either of body or goods wherein the merchant doth exceed the husbandman, first they are voluntary; no course of life cometh by compulsion: secondly, their gains under the ordinary blessing of God with good discretion and husbandry, are far greater than are the increase of tilling grounds, feeding cattle, and the like; witness daily experience, what husbandman ordinarily is able to compare with a merchant of the like estate and beginning with himself: therefore for all that reason, the merchant is still to pay his tithes, as well as the country husbandman; yea further, the more the merchant is to depend upon god's providence and protection, the more careful aught he to be in the faithful and 〈…〉. cheerful paying of his tithes to God, that so he may the better by this honouring God with his riches, expect his blessing according to his promise, Prou. 3. 10. A third sort of people allowed diduction of expenses, are such as are usually called tradesmen, whose condition is not much unlike the merchants, for these do buy and sell commodities, sometimes in the same place or market, sometimes conveying them from one place to an other, whether nearer hand or further off, yet so as they are nothing so much in danger of storms and spoilers, as the merchants are: These men as their charge and adventure falleth out to, after the like manner with the merchants, so they are allowed their expenses proportionably. But before I come to define the charge diducible, I cannot but take notice of two sorts of people, who though they be not either in their charge of their trade, or usual losses to compare with either the merchant, tradesman, or husbandman, yet do they reap a certain and competent gain, and yet for tithes either they pay none at all, or they are allowed to have their expenses diducted: these are either handicraft men, or usurers. Handicraft men, if they be not unthrifty, do with a little stock, small charge, and no hazard comparable to the merchant, or tradesman, or husbandman, make so good earnings usually as both to maintain them and theirs in comeliness, and also to increase their stocks, and oftentimes to purchase fair estates: therefore as they do came money by the blessing of God in some large quantity and much certainty, with small stock and no great charge, so they not only owe the tenth to God, (who enableth their joints, and directeth their fingers to work, and also occasioneth profitable utterance to their ware or employments) but also by that time the case hath been well examined, they will be sound to have no more, if not less cause to require diduction of expenses than the very husbandman, and yet unto these artificers also hath the Church in her indulgence allowed their charges to be abated before they tithe. usurers also are men that make a certain gain and not small, whose charge is oftentimes the least of all other men, their hearts the hardest, their charity the coldest, their alms the scantest, their families the least: for what man of an ingenuous disposition can so me we up himself in a corner, so abridge his household, air so many harths with so few sparks, feed so few mouths with so few and courser morsels, bar his portals so close, or stop his ears so resolutely against the cry of the poor, as can and doth the professed Usurer? (let no body mistake me, for I speak not of all usurers or lender's of money but only of such) He cannot deny but that his gain is certain, he cannot plead that the charge of his trade is great, for the which his expenses should be diducted, what can be then allege why he should not pay his tenths of so clear and so easy so sure and great gains? It will peradventure be alleged that Preachers do condemn usury for unlawful, and by that means do exclude themselves from receiving tithes of the hire of money: for what is gained unlawfully may not be offered unto that God, who will not receive either the price of a 〈…〉. d●gge, or the hire of a harl●t. I answer, first, there is an allowance upon the loan of money which may lawfully be received, as when the lender standeth wholly to the courtesy of the borrower, without assurance to bind the borrower to any thing besides the true: epayment of the borrowed principal: secondly, there is an other kind of usury, which is the usual usury of England, when the borrower is bound to bring unto the lender the sum which he hath borrowed with a certain gain by a time prefixed: this is generally condemned by divines: thirdly, there is yet an usury or biting as the Hebrews call it, or rather yet flaying, gnawing, or devouring, as the poor borrower often finds and feels i●, when for the break of days unreasonable forfeitures are exacted, or when men in extremity are constrained to take money & moneys worth, and bribe brokers under most cruel conditions. This is not only condemned by divinity, but also abhorred by all humanity, and applauded only by those whom covetousness hath so enchanted, as that they are not men of reason and civility, but metamorphised wolves, dogs, and tigers. Concerning all these I answer briefly. So far as the practice is lawful, so far the tithes are due of all thine increase, and where the tithes are not to be received, the practice is not to be endured: so then, or pay thy tithes, or leave thy practice. If thou findest in thy conscience that thou takest no course of gaining but that which God alloweth, then pay thy tithes as his due tribute unto God, whose providence hath blessed thee: or if thou findest that thy practice is such, as that thou darest not offer the tenth of thy gain thereof unto God, then repent in time, and take some such course of life, as may bring thee such gain as thou mayst enjoy with a good and quiet conscience. And so much concerning such parties as may by any colour crave, and to whom is allowed diduction of expenses; we come now to define what we call these expenses. What is to be allowed for expenses and what to be reputed clear games seemeth hard to determine because no writer that we can meet withal hath in this point entered into so particular terms as were to be wished, yet if the cause be duly considered in these four circumstances, 1. conscionable equity or reason. 2. the conjecture that may be made upon the writings of learned men. 3. the aged monuments of former practices. 4. the exchequer valuation of benefices in Cities and great towns: I trust, the judicious will be satisfied. Some would have clear gains to signify only so much as is remaining when all charges both of the trade, and also of house keeping have been abated at the years end, when men cast up their accounts. But this is against equity as appeareth four manner of ways, for by that The 〈…〉. means, First, the Minister shall have nothing where the gains are greater if the gainer be lavish in expenses. Secondly, this shall cause great inequality, when of two men of equal trade, and gainings, the one may be charged with ten pounds who hath been thrifty, the other not with ten pence because he hath been prodigal. Thirdly, it abolisheth all proportion between personal and predial tithing, when in predial tithes there 〈…〉 is nothing diducted towards the great charge of seed, ploughing, harrowing, weeding, reaping, and gathering. If in personal tithes not only the charge of the trade, but also all expense of housekeeping should be diducted, the husbandman tytheth of that he doth eat and wear, but the citizen would not tithe saving only of that which he doth or may lay up. Fourthly, a Minister dwelling among men whose trades do maintain them in comeliness and plenty, yet not increasing their estate yearly, a minister I say dwelling among such a people shall have nothing at all due by this diduction of expenses, but while his people do eat the fat and drink the sweet, he may well fast and pray, for more than they in courtesy shall please (ah, ah) to bestow upon him, he may not challenge, if this rule were good. But will any indifferent judgement allow this for reasonable? if men did think that there ought to be any proportion between them and their ministers in expenses, than they would remember, that the Minister is to live with them if they have whereon to live, and that according to their proportion, richer with those which are richer, poorer with those are poorer, and that this means of life is due unto him by conscience which is to be guided by God's word and not by courtesy which is at m●ns pleasure: and further that the Ministers part is due unto him not only where men can earn or gain more than they spend, but also where God doth so bless men as that they can earn so much as ordinarily they need and do spend. Why payeth a man tithes but in acknowledgement that what he gaineth is by the blessing of the Lord? if than that which thou earnest toward the maintenance of thy charge and family be thine own earning, proceeding either merely or principally from thine own endeavour and providence, and that only the overplus, which thou cansts spare above thy needful expense, proceedeth from the blessing of God, then indeed thou art to pay tithes only of that surplusage or remainder, and not of that wherewith thou dost feed and thy household. But if all be of God, why owest thou not tithes of all thine increase, whether it increase toward purchasing, or towards housekeeping? howsoever it increaseth it is by God's blessing, and therefore oweth unto God his tribute. Doth God say any where that only than he will have tithe when the party's increase is more then enough for that years expense? God never gave any hint or occasion of any such conceit, and therefore it is but an ungrounded fancy, conceived by error, brought forth by covetousness, and maintained by violent & wilful prejudice, for it is against equity. In the next place we have reverently to consider what 〈◊〉 of the Learned. learned men have determined, who have written in this point as in their own element; I mean the Canon lawyers, who though (by reason that the monstrous encroachments of these times were in their days unheard and undreamed of) they have not entered into so particular terms, as may quiet those who are disposed to cavil, and resolute to resist, whatsoever shall be spoken against that which they have already partially conceited; yet have they written in such terms and manner, as that it is not hard to conjecture what in their times and judgements was allowed for expenses. The Gloss upon the Gregorian decretals speaketh thus, De 〈◊〉 past●● 〈◊〉 expensas factas in eundo, & redeundo, & negotiando, & saciendo meltorem: that is, expenses in going, and coming, and trading, and bettering the stock. Where we see an allowance of the charges of the trade, whereby through the travel and providence of man furthered and prospered by the blessing of God, the stock increaseth, but that housekeeping shall be diducted out of this increase together with all other charges before tithes be paid, here is no mention. If it be alleged that the stock is not increased until housekeeping charges be defrayed: I answer that it is an untrue allegation, for the stock is increased when by any return or use thereof there is any thing added unto it, as when ten pounds or ten pounds' worth is made eleven pounds, here is an increase, and the use whereto it is converted doth not take away either the name or the nature thereof, but that it is an increase, and therefore tytheable. Henricus Bohic in his Commentary upon that place of Hen●● Bohic. the decretals distinguisheth expenses into three sorts, 1. in re, ut pretium rei. 2. circarem, ut reparationes, 3. extra rem, ut salarium proxenetis de vecturis, vectigal & gabellas. that is, Expenses are 1. in the stock, as the value of the stock. 2. about the stock, as reparations. 3. without the stock, as wages for brokers, expense of carriages, tribute and custom: to the same effect also write others of the same learned men, and by name Lyndewood in the same Lyndw. l 3. p. 59 words. The stock first is to be diducted, for until that be entire at the end of the year or voyage, no tithe is due, and herein is no favour, for as well must the husbandman give the tenth of the very land itself, as the tradesman of his stock. But the indulgence of the Church hath in favour allowed didu●●ions o● reparations where they happen, as in ships; also of carriage, factorage, impost and custom, and such like: but that housekeeping should be in like manner diducted, never any learned man's writings have in the least show allowed. And surely one would think that a reasonable man would rest content with this allowance to have all the charge of the trade consisting of the stock, tools, factorage, custom, and impost diducted, without ask to have also the whole expense of housekeeping to be exempt from tithing. But here the old proverb is truly verified, Licentia deteriores sumus omnes: that is, give an inch and men will take an ●ll, the unconscionableness of men is not satisfied with the large favour of the Church, but incroacheth so far as to pull away all by force, because a bountiful allowance was granted freely: for even unto that pass is our world now grown, that tradesmen do utterly deny to pay any thing in the name of a tithe, for many be, not only the men, but even the towns and Cities in England in my knowledge, who afford nothing unto their Ministers, but what themselves please in courtesy: yea many of great wealth and worldly ability pay nothing at all either in duty or in benevolence; but only the miserable lean Easter offerings, and the fees of marriages, Church doings, and burials: here not only duty, but even humanity also is forgotten, and neither fear of God, nor regard of man is before the eyes of such people; for even the statutes of the land do enjoin payments 〈…〉 cap 1●. of tithes to be made to their Ministers, by tradesmen and artificers, their expenses being diducted. So that not only in courtesy, but even in conscience (if men will think the King's laws to be a matter of conscience, as the Apostle teacheth) something is to be paid under the name of a tithe by tradesmen and artificers. Indeed that something is not determined by that law of the land which doth enjoin it, and that is the misery: for, certainly at the time of the making thereof, there was a meaning to do the Church good, howsoever that statute is now, through the hardness of men's hearts, become unsufficient. If that that statute (when in plain terms it doth not allow diduction of housekeeping) shall be so interpreted by any, let them assure themselves that as it is unreasonable, so also is it an interpretation which hath not the judgement of the ancients to uphold it. The third means of evidence in this point, is the remaining 〈…〉. monuments of the conscionable practice of our Forefathers: by those monuments I mean the records of incumbents, though in most places by this time smothered that they tell no tales, yet in some places still extant to upbraid that world, which hath banished Popery to practise sacrilege. In those records, the tithes of particular men in Cities and towns of trading, are found to be (as I d●e hear) of some three, of some four, of some t●nne and twen●ie pounds per a mum. Hostiensis a Canonist r●pe●teth that in his time, certain honest lawyers did 〈…〉 by their ●i●es certain purses, which they called tyth●● purses, wherein they put the tenth-shilling of then 〈…〉 for the●● Priests. There is no probability theref●●● 〈◊〉 both the charge of trade, and also of housekeeping was diducted, where the tithes amount to so 〈◊〉 sum. And lastly, when men consider how benefice● of little parishes in cities and towns of trade, are valued in the King's books, some ten, some twenty pounds ●nd more per annum, we must needs thinks that they had 〈◊〉 tithes, when they were so deeply rated. Where are those tithes now? were they due only in time of Popery? are the Ministers of the Gospel debarred from them? is this the reward of discovering popery, and revealing the truth, that we must lose our tithes for our labours? Or doth this world confess that a tithe is due, and yet under colour of diducting expenses, leave no tithe to be recovered? Is it acknowledged to be due, and that it ought truly to be performed (as in that statute of Edward the 6.) and yet there is no way to obtain it, but what covetousness doth withhold, that either sinister interpretation shall bear out and justify, or for want of sufficient law, it cannot be obtained. I would to God we could persuade with men, that they would not give so great scandal, and so just cause to open the mouth of the Papist, to call our profession a religion of liberty, when as what they paid duly, as they were justly bound, that our reformed people should so dissolutely neglect, and so injuriously withhold from God and his ministers, that full fitly may a Papist say to many a thousand amongst us in the words of Paul, Thou that abhorrest Idols, committest thou sacrilege? Rom. 2. 22. CHAP. XIII. Objections against the doctrine of tithes propounded and answered. Objection. 1. THere is no Commandment in all the new Testament to enjoin payment of tithes: therefore they are not due by the word of God in the time of the Gospel. Answer. To this objection there are in readiness three answers. 1. There is in the new testament Commandment to this effect, Gal. 6. 6. Let him that is taught in the word, make him that hath taught him partaker of his goods: though there be in these words no express mention of a tenth part, yet there is mention and injunction of a part, which ought to be performed unto the Minister or Teacher, out of every man's goods. What part is that? if Scripture may be expounded by Scripture, than that part is the tenth part; for that and no other doth the Scripture assign determinatively unto the Ministers of God for their service, as hath been already showed. 2. What if there were no Commandment for tithes in the new Testament? yet the constant practice of the Church from time to time never ceasing (except when perfecution put all things out of frame) is a sufficient rule unto us, and of necessity to be observed, as in the case of the Sabbath, not only observed once in every week, but also changed from one day unto an other, this is not commanded in all the new Testament, and yet are we bound unto this observation, because of the constant practice of the Church, which is unto us a necessary precedent to be imitated. 3. What hath been once commanded in the old Testament, doth remain a law for ever, except it hath s●nce at one time or other been repealed: but God hath on●e and twice challenged the tithes for his own, and e●acted that they be paid faithfully and gladly unto him, therefore must men either show that God hath abrogated this his decree, and relinquished this challenge, or else hold themselves still bound in conscience to obey God in that commandment, and to perform unto him that which he doth challenge. If any body will now say, that tithes were an appendent of the tabernacle and temple, belonging only thereunto as a ceremony thereof; I have already proved the contrary, cap. 6. and if I had not proved it, yet were not a man's conscience ever the more discharged; for in this case, the tyth-payer is to be put unto his proof, it is enough for the receiver to show that they were once made his: this holdeth strong until the tyth-payer can show, either that the grant was made but for a limited time, or else that since the making, that grant hath been by some act disannulled: As for example; If it be once enacted that the tenth part of every man's living be paid unto the King, the subject is bound accordingly to make ●is payment, except he can expressly show that that act hath been either by some other later act repealed, or by some inserted proviso expired and avoided. The King sufficiently proveth his due, when he citeth the act or statute: the subject therefore is bound to his obedience, until he show a sufficient dispensation. But thou thinkest that thou hast a sufficient discharge, because thou caused say, the tithes have ceased with the sacrifices and ceremonies; alas, alas, segging is no good ●oping, thou must show and prove it: Is it enough to say to the King, your tenth and task is out, and to be paid no longer, because we have done paying the last granted subsidy? No, no, except that thou canst prove that the tasks or tenths were to continue no longer than those subsidies should be in paying: So it is not enough for thee to say, the tithes have ceased with the ceremonies and sacrifices, except thou canst prove by some Scripture, that either tithes were ceremonies or sacrifices, or that they were to be paid but only so long as the ceremonies and sacrifices lasted; if thou canst prove this, then keep thy tithes, we will not ask them; we will refuse them The precept concerning the Sabaoth day once given, was to continue an eternal commandment, never to be neglected, because God never repealed it. Changed indeed it was, but by the spirit of god, upon just and weighty cause; so tithes once enjoined by God, are still due till God remit them. If a man shall say, that though it cannot be showed expressly with pregnant proof from the Scripture, when and upon what cause tithes have been repealed, yet it may be that there is some guess, and peradventure God may have repealed tithes upon some sufficient cause, let him remember himself that a man must live by faith, and not by peradventures: Faith dareth not departed from the revealed will of God, upon hope that peradventure God hath otherwise determined, seeing that the revealed will of God which is the Scripture, must be our direction. Therefore though payment of tithes were not enjoined in the new Testament, yet it ought still to be performed, because that what the old Testament hath so plentifully required in this behalf, the same is not revoaked in any Scripture, either of old or new Testament. The continuance of a law needeth not a repetition or second mention: indeed no law is abrogated except it be mentioned, but a law once made (without any limitation of time) is continued still, in that it is not at all named. Objection. 2. Payment of the exact tenth cannot be included in the moral law, because the law of nature, which is also the ●. 2. 〈◊〉. moral law, doth not so precisely regard a certain number, the instinct of nature regardeth not one number more than an other. Answer. The moral law is of larger extent than the law of nature: the law of nature in strict signification is only that common equity whose principles are engraven in our nature, so as by the very instinct of nature we do discern the same in some measure: of which sort are these, Thou shalt worship one God: Thou shalt honour thy father and mother: Thou shalt not kill, etc. But the moral law comprehendeth all these natural precepts, and also some other positive commandments given by God to continue, not for a time, as the ceremonials, and judicials, but for ever: of this kind is the fourth commandment, for a set day in every week, to be consecrated to the solemn worship of Almighty God: such also was the prohibition of eating the forbidden fruit, and such is this law of tithes: Moral, because ordained of God without limitation, to continue to the end of the world: but not natural in that strictness of signification, because the light of nature doth not discover it in this determined number. Objection. 3. There were three sorts of tithes in the old Testament, one tenth to maintain the Levite and Priest, who had his tenth out of the tenth of the Levite: (Numb. 18. v. 24. and 26.) an other tithe to be eaten in the place which the Lord should ch●●se, Dent. 14. 23.) and a third tithe every third year● for the L●uite and poor (Deut. 14. ●9.) Now, the second and third tithes are ceased, therefore why are not the first also ceased? Answer. God commanded in the law divers sorts of Saboaths, as, the Sabbath of days; (Exod. ●0. 10.) the Sabbath of weeks, (Levit. 23. 15.) the Sabbath of years, (Levit. 25. 4.) and they had also the great Sabbath, (joh. 19 31.) But now that great Sabbath, the sabbath of years, and the sabbath of weeks have ceased, and yet the sabbath of days remaineth: So in the several kinds of tithes the two latter sorts ceasing, do not also infer a nullity of the first. Secondly, Aquinas answereth this objection, saying, 2. ●. q 8●●●. ● that the second sort of tithes were in the old law reserved to serve at the offering of the sacrifices, and therefore have now ceased, because the sacrifices have ceased, and a● for the third sort of tithes which were for the poor, they are not ceased, but augmented in the new Testament, in that we are commanded to give alms of all that we can spare for so he readeth that place, Luk. 11. 41. Thirdly, there is an answer to be framed to this objection 〈…〉. De●● 14. ●8. out of the words of M. Calvin; who is of judgement that the Israelites did not upon the third year separate a tithe for the poor, besides that which they ordinarily separated for the Levites, but only that the tithes which other years were wholly separated for the priests and Levites alone, were the third year to be so set apart, as that the poor also must have a share in them, and then the same remaineth still in the new Testament, for so we do acknowledge both in word and practice, that we are not to convert the tithes wholly to our own uses without affoarding a share unto the poor out of them, not Ro● 〈◊〉, ●o● 〈◊〉. only every three years, but also every year and every day, as their need requireth and as our ability doth extend. Objection. 4. If the Ministers of the new Testament must have like tithes as the Levites had, than they may not own any other estates, whether purchased with money, or descending unto them by inheritance; for the Levites were allowed no other part among their brethren saving only the tithes, Numb. 18. 20. Answer. The courses that are taken in abridging Ministers of their tithes together with other charges which are continual upon them, and the hospitality and charity expected at their hands beyond others of much better ability, will easily take order that Ministers be no great purchasers. And to prevent Ministers that they become not great heirs, there is a reasonable sure practice, when few or none prefer any of their sons to the ministery, but those for whom they have, or to whom they will give none other inheritance; to the poor is the Gospel preached saith our Saviour, and by the poor is the Gospel also preached, may we affirm, when for the most part heirs and gentlemen repute the Ministry too base a calling for their employment. But suppose that the private possessions and inheritances of Ministers were greater, than they are, ten times doubled, yet notwithstanding it doth not follow that their tithes, gleab, and offerings, should deprive them of their private estates. For, the case of the Levites is herein no precedent for us: because the Levites were to take no further care for their wives and children, then to leave them in the common estate of the Church, as they were before: the children did always succeed their parents in administering unto the Lord and receiving tithes and offerings: for the priesthood and Levitical administration was peculiar to that tribe, therefore they needed no other inheritance but their tithes, offerings, and Cities. But the ministery of the Gospel is not tied to any one family, but in all degrees and kindreds those are to be employed in this service, whom God hath endued with zeal and wisdom suitable for the calling; so that when the father is dead the children are utterly destitute further than provision hath been made for them, by the carefulness of their parents while they lived. Therefore though the Levites had no other portion but the inheritance of their public ministery; yet the Preachers of the Gospel may be owners of private lands and riches, because that the wives and children of the Ministers of the Gospel do not live sustained by the tithes when their fathers and husbands are dead. Objection. 5. This maintaining of Ministers by tithes seemeth not to hold any good proportion, because that in some places the exact tithe is too much to be allowed unto the Ministers of those places; and in other places the country may be so poor, as that the tithes thereof though fully paid are too scant a maintenance, therefore in some places the ninth, eight, or seventh part had need be afforded to the Ministers maintenance, and in other places the eleventh, twelfth or twentieth part may be fully sufficient. Answer. Here is great care for a golden mean between too much, and too little, how to put the Minister's meat and apparel in a pair of balance. The Ministers too much is indeed the eyesore unto most men, while they surviewe every desolate and mangled vicarage through the dimmest spectacles of envy and grudging. And therefore the abating still of this supposed too much, is the very mark that is so earnestly eyed, and continually aimed at and not miss, while the worlds too little truth of conscience, religion and devotion, is the heart-soare of the poor ministery, who feel the cold wind through their ruined and crazy walies, far with thin diet, and crouch under the decayed threads of their overworn apparel; which so manifest, and so common extremities, the world more scornfully smileth to behold, then compassionately careth to red●esse. If the poor ministery were as able to avoid this real and afflicting too little, as men are wary to prevent it from surfeiting upon too much, we should soon find out the mediocrity: But I come to a director answer, uz. In no country peaceably possessed, and civilly inhabited, can the true tithes of the increase of the land, and of the people's endeavour, be either too much or too little, for the honourable maintenance of so many Ministers, as are ordinarily competent to attend the spiritual charge of that country. For the clearing and further strengthening of this answer, it is not altogether impertinent to consider, that diverse learned men (whereof some have published their 〈…〉. judgement in print, others have discovered their opinions unto me in conference) though they did not so resolutely hold the tithes to be due unto us by the word of God, do notwithstanding think no course so indifferent for the maintenance of the ministery, as by tithes; and their reason is, because every politic law is to be held the more indifferent and equal, the more near it is to the law which God enacted of the same kind among the Israelites. But among the Israelites this was the Law of God, that the tithes should be the inheritance of the Ministers, who ministered in holy things as well in one place of the country as in an other, therefore the tithes are not so unproportionable a maintenance for the ministery, as that for the barrenness or fertility of any place this number of tenths should be altered. Furthermore, the fruitfulness of one country, and the barrenness of an other, doth not infer any such disproportion as men do imagine; for proportion must be, not so much between the estate of one Minister and another, all the world over, as between the estate of every Minister, and the estate of that people unto whom he doth administer; that so where the people are rich, the ministers estate may be the more abundant, and where the people are poor, the Ministers revenues are to be the smaller; and yet is here admitted neither too much superfluity for one place, nor too much penury in an other, if there be any reasonable hand held in the limiting of parishes, which is a thing appertaining to the care of the governors or magistrates. He that is a Minister in the richest city in the world, in the choicest place, among the wealthiest people thereof if his parish be but small, and his people sew, then though all manner of tithes be never so faithfully paid unto him, yet snal he have no such unreasonable living, but that may well without envy or grudging be allowed unto him. But what if the parish be great, among a very rich people? if it be unreasonably great, it is easy for the Magistrate to lessen it: if it be but tolerably great (for to make all parishes of the same bigness, and all benefices of the same greatness of revenue, were in seeking proportion, to overthrow all true proportion and reason) then are the tithes thereof no larger than are fit to be afforded to such a man, as is fit to undertake so great a charge: for what was written upon the golden apple sent to the marriage of Peleus, that is the inscription and aught to 〈…〉 be obeyed as the true suitable mo●t of every fairer benefice, uz. Detur digniori: let it be bestowed upon the worthier. It is too true and lamentable, that the common sort of prowling and graceless patrons (for had they grace, they durst not make merchandise of the Church of God) are of the mind of the Grecians in Homer: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈…〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is, that the priest ought to be reverenced, and that his fair gifts ought to be received: so they do bestow indeed their preferments upon those, whom they find to be of the greatest worth and best desert in their carnal construction; but the ●●●e worthiness, which those sew patrons that fear God, do regard accordingly, is the excellency and abundance of a man's learning, the soundness of his faith, the uprightness of his conscience, the integrity of his conversation, the meekness of his spirit, the discreetnes of his behaviour, the efficacy of his preaching, and such heavenly worthinesses, wherewith Almighty God doth vouchsafe to qualify his servants and Ministers, for the glory of his name, and edification of his Church and children. These worthinesses as they do abound in any one man, so crescat honos ut meritum, that man is to be rewarded in this life with the greater honour and more liberal means of maintaining this life, for diverse causes: 1. That the worthiest men should not receive discouragement, while the self conceited worldling doth behold and clout that learning wants reward: but that as the things of this world are gods good blessings unto his children; so both the world may see, and the godly minister may feel, that even in these things, and in this world also, there is areward for the righteous, whilst, that full reward and eternal weight of glory is faithfully expected. 2. That others may be alured and encouraged both to the study of divinity, and also to seek to excel in that course: for, honos alit arts: reward breeds industry. But the flow●er will very quaintly object, that these things, wealth and preferment are carnal matters, which the man of God which is spiritual, should not look after: To a scornful objection we give yet a sober answer, that it is lawful for the man of God to expect and demand his due allowance of worldly things: for our Saviour Christ himself hath said, that the blessed me●k● shall inherit the earth: 〈◊〉 ●. 5. 〈…〉. and that these things shall be cast upon those, who seek the kingdom of God and his righteousness: and that the labourer ●● worthy of his hire. And further, seeing there are divers ●●des of life, which are honest and lawful, besides the hol● ministery, which is so laborious, and proposed to the contempt of the world beyond all other callings, it is 〈…〉 very requisite that there be in the ministery some eminent rewards, whereby men may from their very youth be alured to devote themselves to this calling. It is true (by the grace of God) that those who are already in the ministery, whose hearts God hath made zealous of his glory, and of the salvation of his people, will not be found so unfaithful, as to neglect their work, for the scantning of their temporary hire, but what is this to that justice, wherein they are to be rewarded, or to the alluring of others in their very youth to a function so unpleasing to flesh and blood, when those younger years have not usually so high sanctified resolutions? 3. The more any man excelleth in learning holiness, and other gracious qualifications of the ministery, the more is the concourse both of acquaintance and strangers flocking unto him, who are to be entertained by him, not sordidly and penuriously, as if they were with some desolate wretched man in his misery, but comelily and liberally as with an happy man whom God hath blessed. 4. As the greatest cures are to be committed to the ablest men of ministerial abilities; so, in so great congregations it is not unusual, that they need assistants and coadjutors, under so great a burden, and therefore their revenues need be the ampler, that they may be able to entertain such helpers. Again the healthfullest bodies, specially of crazy stadents, are subject unto daily ailements and diseases, the time of sickness is chargeable, in physic, diet, attendance, and many expenses within doors, besides the extraordinary help which must then be used in the work of the ministery. If a man hath not such a full handed estate, as that in time of health he may lay up against these times of sicknesses, he must either beg or want. To want is to perish, to beggo is not honourable, shall men of worldly employment be enabled by their trades to buy what they need, and to command what is requisite, by the power of the purse, and shall God's Minister in a case of extremity stand to courtesy, being otherwise unable to relieve himself? if it be allowed that in reason the function of the ministery should furnish the Minister sufficiently for these occasions, then why should he not be allowed a bountiful revenue? Is it nothing again that Ministers not employing themselves in secular affairs, have no other patrimony for their children, nor dower for their wives, but what they reserve out of their annual means, whether the same be tithes or other exhibitions? what can be spared for the morrow where there is not enough for the present day? 5. The greater is a man's parish; the greater is the number of the poor, which do daily depend upon him for relief; the greater also is the number of his parishioners, among whom he is to exercise hospitality, to maintain love and familiarity with them, thereby to observe their several dispositions, and to gain their affections. Who knoweth not, how contemptible that Minister is, in the account of the world, who is only fit to receive kindness without ability to requite the same, but rather depends like a beggar, upon the courtesy of his people, then is able with his purse to relieve a beggar? It is a great joy to many men, to see their Minister's estate such, as that he must acknowledge and account himself beholden unto them for a meals meat, ab misery! Hath any 〈…〉. v. ●6. 27. man ever seen a poor aged man live at courtesy, in the house of his son, with his daughter in law? doth not the good father in a short time, either by his coughing or spitting or teastinesse or some sooneseene untowardness or other, become troublesome, either to his own son, or to his nice daughter in law, with continuing so long chargeable, & so much waited on, or to the children, with taking up their room at the fire, or at the table, or to the servants, while his slow eating doth scant their reversions? But, if the old man hath estate of his own, to maintain himself, and to pleasure his children (oh then) he is had in estimation; his age is honoured, his person is reverenced, his counsel is sought, his voice is obeyed. Even so (without offence be that speech which intendeth not to offend with reproachful words but only to affect with a clear truth) a poor Minister though a spiritual father, yet if he must live upon benevolence, he had need look well to himself, when he cometh among his people, that not one sharp word, not one sour look, no one discontenting gesture be observed towards either the Master or mistress of the house, towards any of the children, or towards the servants which be in any favour and request; yea or towards any provoking parasite that with unseemly mirth begets ungodly laughter. A poor minister, who depends upon courtesy in a needy estate, shall have holes enough either found, or made in his coat, that he shall be quickly reputed but a troublesome and unsuitable guest. If he be affable and familiar, parit contemptum, he is trodden under foot, if he exercise more gravity, Catone rigidior, he is too austere, they can use no mirth in his company: the faults which he observeth, he must either oversee without taking notice, or smooth them up with euphemismes and good constructions, he must suffer every fantastical idiot, to bear himself like a young Duke, to say what he will, and to do what he will, or else be assured to be either frowned on to his face, or flouted to his back for being too busy: on the other side, where a Minister competently qualified with learning, zeal, and a blameless conversation, hath also that competency of outward estate, as that he is able to pleasure his neighbours, with worldly kindnesses, living upon his own lawful revenues of the altar, without depending upon man's good pleasure, this man shall speak with authority; for this is the common error of the carnal man, that he naturally thinketh that the more 〈◊〉, the more wise and honest is any man. M●n are men of flesh and blood, and though they be endowed with many excellent graces, yet they may be tempted through present need to endure much dishonour to God, and to permit men to behave themselves many ways ungodly, which otherwise they would prevent, if the feeling of their poverty did not restrain their zeal; And therefore, howsoever the holding of Ministers in poverty be a thing pleasing to the covetousness, pride, and voluptuousness of the carnal man, yet (●ead ●s not into temptation) it is very disadvantageable to the glory of God and salvation of men. Therefore grudge not at the sufficiency of the maintenance, which in any place is afforded to the Minister by the tithes of his people's increase, but rather be thankful to God, that some yet have so good encouragement, and wish well to the rest by your hearty and charitable prayers, pi●●ying those who sweat at the kill to square and harden brick, but are not allowed sufficient straw: perform every man what is his duty at least, in the true payment of the Lords demand, say not of this or of that benefice that it is too much to maintain a Minister, 〈…〉 ●s i●●hou haste or couldst have the like and larger 〈◊〉 for thine own expense, thou wilt not account them any more than sufficient. And so to the first part of the objection, uz. that in some places the true tithes 〈◊〉 too much for the ministery: I have answered enough. As for the other part of the objection, uz. In some bar●en countries the tithes are too little; I shall easily answer 〈◊〉 more succinctly: for howsoever this be brought in to make a stir withal, yet this is not the main rub, and I make no doubt but that I shall full quickly persuade, that the tithes of the earth, cattle, and trading, are not (in any congruential and peaceable country) too little to maintain so many Ministers, as are competently requisite for that people. The reason of mine answer is this, uz. if one man be sufficient to be the pastor over a parish of twenty, thirty, forty, or fifty families, then are the tithes of that parish (i● being in differently limited) a sufficient maintenance for the Minister thereof: for if one man have the tenth part of the increase of the corn, fruit, and cattle of forty families, than that one man hath four times as much of such commodities for the maintenance of his family, as any one family of the other forty hath, if you suppose the parish equally divided into forty parts. It is true that no parish is so evenly divided, but that some one man may have twenty parts of the forty in some ample Lordship, w●● the next neighbour hath scantly half a part, but the ty●h● do equally though arise unto the incumbent in the whole sum, whether every man's part be of the s●me quantity, or that some have more, and others less, that maketh no variance, but that the tithes of any parish of reasonable limits, may be a sufficient honourable maintenance for the pastor thereof: for if thirty, or forty family's can be maintained competently each of them with their own nine parts, then may the incumbent or minister live honourably and bountifully with the tenths of all these; especially considering, that what may be adjudged but a scant maintenance in one place, is a liberal allowance in an other: As for example, an hundred pounds per annum in some parts of Wales, or Scotland, is a greater revenue than eight or nine score pounds in the heart, or Southern part of England. And as I said before, that the estate of the Minister is to hold proportion with the people among whom he administereth; so as where they are richer, he ought the more to abound; so now I say again, that where the estate of the people is the meaner, there the revenues also of the Minister are of necessity suitable unto the people, except his portion be accidentally increased by gleab, or some such advantage, wherewith devout men have enlarged the original allowance. If the place be extremely poor, then in that case both Minister and people must be relieved by the charity of neighbour Churches as they shall be able, but this an extraordinary case, which seldom or never happeneth in a civil and peaceable inhabited country: And therefore (notwithstanding this objection.) Ministers of the gospel are to be maintained by tithes, which as they are due unto them by the word of God. so where parishes are any thing indifferently divided, there the tithes are competent, neither too great nor too small to maintain the ministery. Objection. 6. Tithes have been both taken away, and alienated from the Church by Kings and Princes, and also at other times given and confirmed thereunto by their acts and edicts; therefore they are not due by the word, but to be disposed by the pleasure of Kings and Princes. Answer. It is true indeed that Kings and Princes, as we have formerly rehearsed, cap. 11. have taken much from the Church, but à facto ad ius non valet consequentia: that is, it followeth not, that because they did it, therefore it was well done; no more than it will be proved that we may worship Ashtaroth, and Milcom, because this was wickedly done by Solomon and other Princes. Magistrates (we confess also) have made laws to compel men to pay tithes, but yet herein have they not enacted any new law of their own, but renewed the law of God, or rather taken order to cause God's ancient law in this behalf to be put in execution among their subjects, as they do the like in other cases: as for example, a murderer is to die by the law of man, but this proveth not, that a murderer is not to be avenged with death by the word of God, but only that the good Magistrate doth carefully provide that sin may be punished as God hath appointed: even so, though kings and Princes have made laws for payment of tithes to the ministery, yet are they due by the law of God which is far more ancient. Objection. 7. There are many men in towns and cities of trade and occupation, who though they give either nothing at all, or very little unto their Ministers; yet they do either live very poorly, or at least they save nothing at the yeared end: How should these men do if they must pay their tithes exactly out of all their gains and carnings? Answer. This same very allegation might the country man also make, but it availeth him not any more than if he made the same plea to debar his landlord of his rent; therefore as the like plea helpeth not the country man, so no more can the citizen find any benefit thereby; yet I answer otherwise, and that three ways. First, they who truly pay their tithes, may save something though not so much as if they paid them not, yet that which they may enjoy with a quiet and good conference, wherewith one penny is more to be regarded then thousands of gold and silver without it, what men spare or spend without tithing cannot be sanctified unto them, because they detain the good from the owner thereof; and devour that which is holy. Secondly, many men, yea most, if not all men, may pay their tithes truly, and yet reserve as much at the years end as if they had not paid one penny of tithe, if they will be more sparing in diverse other superfluous and less needful expenses of feasting, banqueting, appareling, gaming, building, or some other of like nature, which are maintained by many men in cities and towns of trading with the ministers money, while he is not paid his due tenths. Thirdly, men might pay their true tenths, and yet both continue the bounty of their liberal expenses, and also increase their estates never the less; for not man, but God hath spoken by the Prophet, Bring all the tithes into ●al. ●. 10▪ ●1. my storehouse, that there may be meat in my house, and try me now herewith saith the Lord of hosts, If I will not open the windows of heaven unto you, and poor you out a blessing without measure, I will rebuke the devourer for your sake, etc. I would to God that men professing the name of God, would learn and know what it is to depend upon his providence. The heathen shall stand up in judgement against Christians, for the very heathen as hath been showed, reputed themselves not undone or hindered, but to be the more plentifully enriched by paying their tithes. We often do hear men complain that though they follow their trades diligently and carefully, with a good competent stock, yet they put all into a bottomless bag: either they decay and go backward, or at least they go not forward, they are not increased. May I not speak here, after the same fashion as the Apostle speaketh unto the Corinthians in an other case, for this cause 〈◊〉. 11. ●. 〈…〉 and weak amongst you, and many sleep. So, for thi● cause, uz. for defrauding God and his Ministers many are poor & needy among you, and divers are undone by one casualty or other. If my speech may seem too peremptory to them whom self love and covetousness hath bewitched: then hear again the word of the Lord by the same Prophet; Ye are cursed with a curse, because ye have spoiled me. Mal 3. ●. To the like effect are the sayings of the ancient Fathers most vehement, as specially of Augustine, Nolite de cuncta Aug 〈…〉. com●●s. substantia vestra fraudare decimam, ne vobis novem partes auferantur & sola decima remaneat: that is, with hold not the tithe of any of your substance, lest God take from you the nine parts and leave you only the tenth. To the same effect also he speaketh in his serm. de tempor. Dom. 12. serm. 1. where speaking of a barrenness then present and so grievous upon the field and the vine that year, when he made that sermon, as that they had not passing the ●enth part of the wont increase of other years, he assigneth the cause thereof, in these words, Novem tibi partes retractae sunt quia decimam dare noluisti: that is, the nine parts are withdrawn from thee, because thou wouldst not give the tenth. Where he further showeth plentifully, that for so much as man himself is the Lords, the earth is the Lords, the cattle wherewith man ploweth are the Lords, the dews and showers wherewith the earth and seeds are watered, are the Lords: therefore the Lord might justly challenge nine parts, if he would and assign unto man the tenth part only for his labour, but whereas God dealeth otherwise in so great bounty, he is justly offended and provoked to send upon men oppression to their undoing, and sickness also and death, to their utter destruction, when they refuse to pay their tenths. This is the doctrine of Augustine, and all of it grounded upon God's word as they may more fully see, who will read Augustine his own text at large, which for brevity I have thus abridged: and if men will yet see a shorter epitome, let them read, consider and fear, what the Lord speaketh by Solomon, It is destruction for a Prou. 20. 25. man to devour that which is holy. When the people of Israel were to pray unto God for his blessing upon them, and their land, they were so to crave the goodness at the hands of the Lord, as themselves had dealt truly with the Lord in his tithes, yea they must in their prayers 〈…〉, 15 men●ion that they had tithed truly, and neither kept back in their own stock, nor wasted in their feasting any of God's tithes: and not unlike but this was the cause why the Pharisie in his thanksgiving, Luk. 18. 12. s●id in the Temple that he paid tithe of all that he possessed: knowing that the more truly tithes are paid, the more abundantly may men expect the blessing of God upon the rest of their estate, and therefore that is but a plea proceeding from want of faith, when a man saith, because I can save nothing at the years end, or because I have much ado to maintain myself, therefore I will pay no tithes, where the unadvised foolish man doth argue against all sense and reason: for if he be needy and beggarly, this is come upon him because of not paying tithes truly, and the more ado any man hath to live by his endeavours, the more need hath he to tithe truly, that he may obtain God's blessing the more effectually: for it is the favour of God that blesseth a man to make him rich, and it is the anger of God that crosseth a man to make him poor. In the common excuse which the Citizen maketh, one thing there is which cannot but seem unto me something admirable, uz. that when the countryman having with great charge and labour, tilled his field, he payeth the tenth part of that which groweth without diducting any kind of charges: yet the tradesman or handicraft thinketh himself deeply taxed: if he be urged to pay the tenth part of the tenth, which is the hundredth, as for example: The husbandman, with the charge of his seed, cattle and servants, and his own endeavour also employed upon a farm or tenement, reapeth at the years end as much corn as is worth fifty pounds: presently he separateth out of the same the worth of five pounds being the tenth part holy unto the Lord. And howsoever the ungodly man, which considereth not the providence of God doth lay out his tithe with heart's grief and grudging, yet that man, who in the godliness and faith of his heart, knoweth that all proceedeth from God's blessing, he doth lay out his tenth with gladness and readiness, expecting that the blessing of God will be the more plentiful upon his nine parts the more faithfully he doth perform the tenth to God as his sacred tribute. But take a tradesman or handicraft, which with less charge and toil every way earneth by his own and his servants labour fifty pounds in the year, and this man thinketh himself very bountiful, if there come out of his purse ten shillings to the Ministers maintenance that year, wherein he hath earned fifty pounds; now here is but the hundredth part paid where the tenth is due, suppose 〈…〉. that the exact tenth were not due by the word of God, but the eleventh twelfth or twentieth, yet sure there must be some proportion, something near or about the tenth: but where it is not within twenty or thirty, but the very hundredth part in stead of the tenth, can any man say that here is any conscionable proportion? Is the jew in this case so far differing from the Gentile, and the ministery of the Gospel so far inferior to the ministery of the Levites, as men would infer by this unreasonable abridging of the Minister of the gospels exhibition? And shall no proportion be held between the Citizen and the countryman in paying of tithes? If you compare together a Citizen and a Countryman being both of the like ability of wealth. The citizen doth disdain that the countryman should exceed him, or come near him in any kind of expense; he will have a 〈◊〉 133. page. house of greater price than the Countrymen, he will have dearer householdstuff than the countrymen, he will have richer apparel, than the countrymen, be will have costner victuals than the countrymen, only he will have a Minister that shall cost him less than the Countrymen, the citizen will be at far less charge with his minister, than the countryman is with his. Now what doth this argue, but that such men have religion in the meanest account of all other things, seeing they bestow more upon their pride and other inordinate affections than they do upon religion: seeing they, who exceed all other men, in all other yea vain and humorous expenses, will be behind all other men in that expense, which is to maintain the Gospel? So that Ministers in towns and cities (whose labours are the greatest in regard both of the multitude of their people, and also of their knowledge and iudiciousnesse, requiring the more study and pains at their Ministers hands to give them satisfaction) have lesser and uncertainer revenues, because that the Citizen doth hold no proportion in tithing with the countryman. But come we yet something nearer to consider the Citizen (in that which concerneth this point, and the matter objected) without comparing him with the countryman, and so weigh advisedly whether it be justly orno that the Citizen will give no greater allowance to his Minister, seeing he usually allegeth that he doth perform in this duty according to his ability? And here once again good Reader be patiented and charitable. I do not aim at the rebuke of any one particular, but labour to effect that all men may be brought to acknowledge (as it doth concern them) how they confute themselves with their own practice, I knowing I speak an undeniable truth (I thank God) I am resolute, then when thou findest evidently that what I speak thou canst not deny, be not of the mind of the jews, who were enraged against Christ when they could not contradict him: but show thyself a true Israelite and acknowledge with Nathaniel the things that are manifest, and reform with Zacheus what hath been unjust. It is the common custom of citizens and inhabitants of great corporations, to celebrate christinings, churchgoing, marriages, burials, and such other solemnities, with very large expense, and yet never to complain, nor think themselves grieved. Though one man upon one meal, or upon a very banquet doth lay out either five, ten, or twenty pounds, or yet more, according as he feeleth himself able or disposed, yet every penny hereof is cheerfully dispended, but if in regard of the ministers work upon those occasions either ordinarily employed, or extrrordinarily toiled, either law or courtesy doth admonish them to perform an oblation to the Lord, and to reward his minister, than (behold the inclination I will not say of all men, God forbidden: but of most men, and that is enough.) Some with a smooth face and sweet words, will give him an overly kind of thanks, and it may be place him at a spare end of one of their second tables, but as for any other consideration, either it is none at all, or else the offering of a grudging heart, and a withered hand, which is very miserable that when they cast the bills of their lavish ostentation, the ministers share is sure one of the least of many Items. Again, when men speak of any of these their great triumphs, they will cheerfully look up without discouragement, and say, It was but five pounds, it was but ten pounds, it was but twenty pounds, etc. It comes but once a year, I hope to recover it by the grace of God. Thus diminutively and hopefully men mention any great charge, suitable to their own humours. But if they speak of that small allowance which they make to the Minister, than they are even ready to groan out their words, and they sound out every syllable at the full length, with heavy accents and capital great letters, I allow HIM FIFTEEN SHILLINGS, TWENTY SHILLINGS, FORTY SHILLINGS a year. Neither yet is this spoken in disdain of any man's benevolence or contribution be it more or less, but only in a true desire to touch men's hearts, and to stir them up to consider, that in these charges which concern the maintenance of the minister, one shilling doth seem as much, and affect men's very hearts as much as two or three crowns or nobles laid out upon such other occasions as I have mentioned. Of their own humorous expenses men will say, that they hope to recover them, but the charges of maintaining the Gospel seem to be utterly cast into a bottomless bag. Or we hear men say, that those and the like mentioned occasions, they must needs furnish bountifully for their credit sake, and lest they should be suspected to decay or be less able in their worldly estates, whereby their reputation might be impaired, and themselves the less trusted. But than is it not as much for a man's credit to be liberal to his Minister, as to be lavish to the butcher, 〈…〉. powlter, vintner, grocer, and the like? May not a man be suspected to be weak when he is niggardly to his Minister as well as when he is sparing in feasting? or are men more to regard the fashion of others, than the estate of their Minister? or in truth do they regard their credit more than they do their religion? they are afraid to be undone if their contribution to their ministers should be answerable to their other expenses. They are not able they say to maintain the Minister as they do maintain their own vanities. Where is faith? where is religion? It is in the words, in the face, and in the gesture; ●ut it is not in the work, specially if upon warning and consideration of these things men will not be reform. Many sins of ignorance, weakness, and unadvisedness, may be in men without depriving them of being religious: but when men upon information to the convicting of their consciences, remain still obstinate, there sin not dwelleth only but reigneth also, and denieth the party to be truly religious. Be it that in the point of tithe I give not that fullness of satisfaction, which Idesire to all, and confidently expect by God's help to perform to some at the least, yet in these matters he that runneth may read, and every common capacity may perceive plainly, that (if there be no further regard had to the Ministers of the Gospel, by men who are able enough to bear out themselves in liberality and bounty of other expenses) the religion of such men is vain, and their faith of none effect: Be not deceived, God is not mocked. Gal. 6●. We seek not to deny but that when we writ or speak to this effect, we do respect ourselves and seek our own good and advantage, yet I trust in God that we do respect ourselves and our own good in this and all other courses moderately, and ordinately in the second, yea in the third place, having learned to want and to abound, and Philip. ●. 1●. in all estates to be contented; howsoever suspicious heads shall please to censure us. What we principally intent in our whole endeavour is, that God may be glorified in the obedience gained to his holy will, and in this particular labour, that is the main mask. The next is the good of God's people, in consideration whereof we say in this point as the Apostle doth to his Philippians, Not that I Philip. 4● desire a gift, but I desire the fruit which may further your reckoning: we desire not your money (we may safely say comparatively) in regard of the far greater and most longing desire we have by the grace of God to endow your judgements with right understanding of that truth which doth directly concern your consciences, and to see evident testimonies of the truth and soundness of your religion. If it were possible for you to have God's Ministers in so small esteem without prejudice to your religion, I doubt not but that we could (by the help of God) be the better content with any condition: but when your miserable contributions to the Ministers (which your other expenses and fashion of living do inexcuseably condemn) cannot but call the sincerity of your devotions into question, and indeed shamefully blemish the same: This, this is it that is the corrosive to our hearts, thorns and pricks unto our sides and souls, whilst we are outbraved by the insulting Papists, who tauntingly demand of us, whether the fruit of the religion which we teach our people, be the impoverishing of the Ministers by withdrawing their maintenance? Objection. 8. If it be granted that ministers ought honourably and sufficiently to be provided for, what needeth this contending for the quotity or determinate tenth? but it is acknowledged by all men of sober wits, that there ought to be sufficient provision every where, for the Ministers of the Gospel, and therefore this exact determinate tenth needs not be so strictly urged. Answer. So may men as well ask or cavil, what needed Abraham to pay to Melchisedech the very tenth? what needed jacob to vow the very tenth? what needed God to require the very tenth? Had it not been enough for God to say to the Israelites, See that ye maintain my Levites and Priests sufficiently, though he had not shared out their allowance so particularly? But almighty God knowing man, and what is in man, and how unfitting a judge he is to determine what condign stipend is to be afforded to God's ministers, hath not referred them unto man's courtesy, either public or private: but hath himself allotted unto them their determinate portion, under which rate none should dare to make them any proffer. Secondly, if Ministers should forego their tithes, and go seek up that sufficient provision which men talk of, whether should they wander? or how far should they travel, before they find the country where it groweth? I have something carefully, both by conference with others, and also in mine own private meditations, descried and surveyed divers parts of the Christian world, and this is all which to this purpose I have observed, vz that wheresoever, generally, Ministers have not their due tithes, but are left to be provided for by some other means, as their Churches do think fit, there the condition of such Ministers, is very lamentable, I will be judged herein by the present experience, of the manifest practice of all reformed Churches, which are in this condition, either further off, and beyond the seas, or nearer hand within our own Britain, in the realm of Scotland, or yet nearer in our own streets of England, in many of our great Towns and Corporations, which when they are very populous and rich, do yet allow unto their Ministers but a very miserable and dishonourable maintenance. I will spare to name either men or places, I will propound such a case as is general, and can not but be lamented by any heart that hath in it any religious compassion. In divers very great Corporations, there are entertained in some two, in some (it may be) three or four ministers all Preachers, whereof the meanest are competently qualified with gifts of knowledge, utterance and godliness, very behoveful to the edification of the Church of God; others of them commonly very choice men, eminent and famous, rarely furnished. And as these men have their several measures of spiritual endowments, so they have diversly their several exhibitions. Yet so as that which is usually the stipend of the best, is with the least, if not too little for the meanest: and the allowance which commonly is afforded to those who are entertained to the inferior or secondary ministration (as men unadvisedly esteem it) is merely dishonourable for any Preacher of indifferent parts, or for any man at all who is worthily admitted into sacred orders, specially while men live (blessed be God) in a plentiful and good land, and are rich and in peace, under a Christian government. And that I may further clear what I have avouched: Let us consider particularly what these stipends are which I so extenuate. Forty marks or thirty pounds a year, are the ordinary stipends of such Ministers, as in such places as I mentioned, are accounted the inferior. Forty, fifty, or threescore pounds at the most is usually the most bountiful entertainment of such Preachers, as are the choice & fought out, one of an hundred. And do men account this to be so honourable and sufficient a revenue? If men duly consider the dearness of living in Corporations, and great Towns (by reason that there, all things must be bought with the penny (as they say) and that unto such eminent men in such places, there is great resort and continual concourse of acquaintance) they shall readily find, that by such time as ●ll necessary particulars for meat, drink, apparel, siring, education of children, servants wages, and w●st of needful utensils or household stuff, be reckoned and paid for, there remaineth little over plus, to purchase so much as a good book: yea, must there not be much penurious sparing, and fordid hardness used, to make the stipend to defray the expense? Is this then to be accounted so bountiful an allowance? and is this the competent maintenance? Indeed fifty or threescore pounds doth make a loud sound in a man's care: and yet it is but the maintenance of a mean man in Towns and Cities as this world requireth: for doth not the handicraftman who paneth the street, planchereth the house, or shapeth the garment, employing but a man and a boy under him, if they may be continually set on work (as good workmen need not loiter much) earn in the year as fair a stipend, as the greatest usually allowed unto the best Preachers who are maintained by their Church's courtesy? It is easy to cast, what four shillings a day is in the end of the week, and what four and twenty shillings a week is, in the end of the year: and yet this is but the earning of a handicraft man, as I have mentioned, and we find by experience, when we have occasion to use them: which I no way speak, as grudging at the wages, for which the true labourer doth take pains, and earn it dearly with the sweat of his brows, but therefore do I instance in these men's earnings, because they be so parallel to those ordinary stipends which are assigned as competent for the worthiest Preachers: that men may see how they value the Gospel. Surely, he hath but a mean conceit of the calling of the ministery, who thinketh that a Preacher (though of the best desert) is competently and sufficiently provided for, when his maintenance is but comparable to such handy earnings as I have named. Is this the competent maintenance? is this that double honour, 1. Tim. 5. 17? And yet this is all, that is any where to be heard of, as an ordinary allowance, but this is not either honourable or competent, as I have made manifest. And therefore, if we be denied our tithes, we may hear men talk of a competent maintenance, but we know not where to seek it, with any hope to find it: so meanly do men esteem our labours. And as we know not where in this present age, so neither can we, either read or hear of, at what time or in which of the former centuries of times past, this voiced competency was ever established, either by law or by practice: in all the ages afore us, all Ministers generally, either they enjoyed their tithes, gleab, and offerings in the times of peace, as hath been proved, or else they lived poorly and lamentably as in the miserable days of persecution. We find in a 〈…〉. Canst ●. 2 〈◊〉. 3●●9 〈…〉 Eusebius, b 〈…〉 Theodoret, & c Sozom, that Constantine and Theodosius have at times bestowed bountiful rewards upon Ministers in their need, and also enlarged their possessions, but that was their private bounty for the time, but it doth not infer the stablishing of maintenance for God's Ministers by that imaginary competency, so talked of, when the contrary is plain by the testimonies of the Fathers afore cited, and other Histories, that the tithes were paid in those former ages. So then this competency is that which no where is & never was, and therefore we are persuaded never will be, any otherwise then while we have our tithes in some conscionable fashion. Again, if Ministers should be referred to their stipends, the question is, who shall determine what is competent? what parties are they ●t whose hands the Ministers might hope for equal and respective dealing in this matter? certainly, (as it is not fit) so it will never be granted, that Ministers themselves shall define a competency, and so be their own carvers. Who then shall do it? shall the Civil Magistrate? if we duly consider the whole continuance of time, and succession of ages, from the happy incarnation of our blessed Saviour, to the present comfortable feel of this our halcyon season, we shall not find it very usual, to find Emperors, Princes, and Potentates, so sincerely religious in performing the parts of nursing Fathers, as that the Ministers of the Gospel might expect such honourable revenues, by being always referred unto their pleasure. It is most apparently true, that in respect of all these outward things, and of life itself, both ministers and all subjects are at the pleasure of their Sovereigns; for if they should take from us never so much, yet we dare not resist any further than per preces & lachrimas, that is, by tears and entreaty as A●br speaks. But yet, it is one thing to be at the pleasure of the Magistrate, so as the magistrate himself hath a particular law from God for the justice that he is to do to his subject: and it is an other thing to be so at the appointment of the Magistrate, as that howsoever a man be dealt with he hath no rule whereby to show wherein he is injured, but that when the party grieved shall intimate by his humble petition that he is wronged, the magistrate shall presently answer that he thinketh otherwise, and that his mere discretion is to determine that matter. It is true that upright and wise magistrates can and will judge accordingly, but when it is a case so nearly concerning religion, as the assigning of due allowance unto the ministers of the Gospel, then besides common equity and discretion, there is special need of great fervency and soundness in religion. There was of old a Dania and a Solomon, and some more such among the Israelites; ther● was a Constantine, a Theodosius, and very few more such in the former times of the Christian Church: but what a●● they among so many defective either in uprightness o● in wisdom, or specially in religion? and this God foreseeing he left not the estate of the Levite to be competented at the pleasure of the Kings of Israel; and therefore let no body blame us, who crave the benefit of god's ordinance, having small hope of any due respect to the ministery, if our maintenance should at all times wholly depend upon the determination or stint of the magistrate. Blessed be the God of England, the true Ie●ouah; we lately had a religious Queen, who was zealously favourable to the state of the church, and ministers thereof, and (which is yet greater happiness) we have now (long O lord may we enjoy him) such a King as is studious & careful ●o repress and reform the injuries, which former impiety in some, and unadvisedness in others, hath miserably exercised, to make havoc of the Church's inheritance: but it is not an age since we had some, who after the example of Martellus, took more away from the Church in a short time, then is like to be restored in many generations. And therefore, all things considered, we can expect but little good by referring our maintenance to be always determined by the discretion of the Magistrate. Sometimes and from some Princes we might be sure to find condign favour, but then with every change the ministery is a new to seek, and therefore there is need of an other rule, which may be more general and certain, than the civil magistrate should have the determining of the ministers allowance. But then shall this matter be referred to the people, that the greater part of the parishioners in each parish, shall conclude by their suffrages what shall be their pastors maintenance. So the children indeed shall stint their Father, and the sheep appoint unto their shepherd what shall be his diet. Alas, the greater part is usually the worse part, and then woe be to the poor Minister whose case must be so determined, as that those who hate, or scorn, or neglect him, may measure out his living at their ungodly pleasure. And howsoever I have for mine own part less cause to complain then have divers hundreds of my brethren, yet whilst I hear from others how the people of this age are generally affected, I see plainly that they are no competent judges to determine their Minister's maintenance. Many men are very covetous, and allow not unto themselves that which is convenient, hardly therefore aburn pag. 58. will these agree to afford liberally unto their Ministers, God bless me from being to be fed by him who starves himself. Others are very prodigal and unthrifty, and these will be glad to scant the Minister, that they may have the more for their own luxury, they cannot spare for the Minister for their spending upon their own wild humours. Others are of the mind of those in the Gospel, who say, nolumus hunc regnare: that is, we will not have this man Luk. 19 14. to reign over us: they think that Ministers take too much upon them, as the rebellious upbraided Moses and N●mb. 1●. ● Aaron; and therefore, these not enduring that their consciences should be ruled by the ministery of the word, will be glad to make small the Minister's maintenance, that by that means they may keep him under. Others have one sin or other so fowl and so guilty, as that either the minister cannot but intend purposely some reproof against it, or else they feel themselves smart, when he meant not to touch them, these as they conceive anger, so they will also watch a time to be revenged. So that howsoever (God be thanked, and God increase the number and faith of them) our land at this day, and specially cities and corporations do abound with many worthy Christians, yet if we duly consider the many ways whereby the most conscionable Ministers become usually offensive to the greater number, there will quickly appear just cause of exception against the people, why they are not competent either for judge or jury in this trial. If any body will surmise, that howsoever it is not fit to refer the maintenance of the ministery to the democratical assignment of the boisterous multitude of the common people, yet might Ministers be respectively provided for, by some selected or choice men of the best sort of every parish, to whose determination in this point, both the ministers and also the rest of the people should stand to be ordered. I answer that we are never the nearer; for first, there will be somewhat ado to sever out those best ones; who will not fluster to be one? If the better sort be the richer, than I answer, that religion and conscience is most requisite in men that should handle this business. If the better sort be the godlier, than who will be left out? will you make a temper and appoint to this errand those which are the better sort in both respects of wealth and godliness also? here becomes the greater difficulty of constituting the judges, the more several compliments are required in them: but to leave this roving, let us come to a certain mark, and see what might be gained if we should hitt● it. What one man in forty of those which are termed patrons are not ready to pull from the Minister all they can, whereas no coppie-hold is in that thraldom wherein most patrons do hold the benefices whereto they do present? None usually are patrons but the better sort (as you call them) better in wealth, and therefore need the less withdraw from the Minister: better also in regard of education, and therefore know the better what belongeth unto learning and religion: And yet if a jury of patrons (though I know some gentlemen so worshipful and religious, as that for their integrity in their presentations I durst pawn my life) should in every parish assign the maintenance of the Minister, we may easily judge by what they do now, what they would do then: what they do now is to grate and oppress the poor minister to the uttermost where they do present, and therefore that which they would do, if they should assign stipends, would be no better. And if this be the courtesy that we may expect from the better sorr, ab, metuo à vulgo, what should we find from the common people? Nostri seculi hominum genus est ingratissimum, in ò sacrilegum: that is, a most unthankful, yea a sacrilegious Artop. in Gen. ●8 22. generation is the people of our age, saith Artopius, and Artopius his age is not yet expired. So then, what hope can we ever conceive of enjoying any such competency as is noised, without our tithe, when as we can not find either where it is, or where or when ever it was, or by what party or parties it should be appointed and determined? And lastly, where set stipends are appointed unto Ministers, Carle●. tithe. cap. ●. there is not due regard had to the prices of things which continually from time to time are much enhanced, and in a very little time doubled. The husbandman, the tradesman, and artificer, may and do raise their prices, as occasion requireth, when the stipended Minister is at his stint, and can get no further: as both the customs of the country, and fashions of the towns do plainly testify. It is not a hard thing to observe divers men, who contribute now to their ministers maintenance no more than they did twenty years ago, whereas within these twenty years, both those parties are greatly increased, in their own estates, and also the prices of things needful for this life are almost, if not altogether, doubled. But where Ministers have due tithes, there, their estates do always hold correspondency and proportion, both with the estates of their people, and also with the occasions▪ and necessities of all times. And therefore, why should so reasonable a course, of Gods own most wise ordaining, be laid aside, to seek up such new devices as have no Scripture, no precedent past or present, nor any equity of reason, to avouch them? Objection. 9 divers Divines do think otherwise, namely, that though the word of God doth require that the Ministers of the Gospel be plentifully and honourably provided for yet men are not now tied to the exact payment of the very tenth. Answer. But I have already showed, Cap. 9 that the ancient Fathers both Greek and Latin, do with one consent teach that tithes are due unto the Ministers of the Gospel, by the word of God, secundum literam, literally and precisely, as they were in the old Testament. And until the times of Alexander de Hales, who was the master of Aquinas, which was about the year 1240. after Christ (howsoever there was much wrong and sacrilege practised) there was not other doctrine taught concerning tithes. But from that time, as we showed ●●pra cap. 6. before, have the Schoolmen, in the steps of Alexander, trampled down this truth: and yet, not with out resistance from time to time. For in the time of Clement Carlet. tithe. cap. 5. the eight, Pope of Rome, about the year 1266. lived johannes Semeca author of the Gloss upon Gratian. The opinion of this Semeca as we cited before in the 12. Chapter, is plain that both predial and personal tithes are alike due by the law of God. And M. Carleton in the fift Chapter of his book of Tithes citeth out of Krantzius how this Semeca withstood the Pope Clement, exacting Th●●amest●●● of Semeca called also 〈◊〉 is cited out of the sea of histories. State of the Cha●. p. 303. acting tithes out of Germany, and was thereupon deposed by the Pope from the government or provostship of Halberstade. And some fourscore years after Semeca, lived Nicholaus Lyra, who howsoever he be corrupt in divers points, according to the errors of the time: yet he taught this point of tithes not after the corrupt doctrine of the Schoolmen, but after the Fathers as we do now. Strabus also is plain. In utroque testament● Ministris altaris decimae & oblationes ad necessaria tribuuntur: 〈…〉 Numb 1●. that is, In both the Testaments tithes and offerings are given to the Ministers of the altar for their needful maintenance. But the truth is, that in those corrupt midnight times of Popery, they were very few (though always some through God's goodness) who did maintain any point of truth then suppressed or oppressed, the greater number, yea almost all betook themselves to soothe the Pope in his sacrilege, & amongst many other gross falsehoods this one point of Popery also prevailed, uz. that tithes were not due by the word of God. Indeed as we said before, Cap. 2. this point was not so fully discovered to be Popery by all our late blessed reformers, but that divers of them being busied with weightier matters, more needful for the time, they either passed by this point, as wanting time to examine it, or else they took it as they found it, without any great scanning, yet not so as they were all deceived in it, for the Lord did not suffer all of them to let slip a truth so needful for his Church, but would needs that some of them should plainly avouch it. Gualther that godly and learned doctor of Tigurie, in his Gualt. in Matth. 23. 23. homilies upon Matt. having showed both the original of tithes before the law, and also the use of them under the law, at last he addeth, Debent hac ad ecclesiam novi testamenti transferri, e●si enim Leviticum sacerdotium abolitum si● & sacra legalia cessarint, manet tamen Ministerium evangelii, etc. that is, These tithes ought to be translated unto the Church of the new Testament, for though the Levitical priesthood be abolished, and the legal rites ceased, yet the ministery of the Gospel remaineth, etc. and by and by he saith further in the same place: At quae iustior ratio excogitari potest alendi ministros, quàm ut ex decimis vivant? that is, what more equal course can be devised for the maintenance of Ministers, then that they should live of their tithes? Of the same opinion also is Zepperus Zeppe●. d● l●g Mos. l. ● cap 40. a late and learned Germane writer, Decimae, pars sunt illius stipendij quod ministris pro officij sui laboribus divino & naturali iure debetur; that is, tithes are a part of the stipend which by the law of God and of nature, is due to the Ministers, for the labours of their calling. And now further, by the good endeavours of our own learned Countrymen who have laboured in this point, the matter hath been more thoroughly examined and the clear truth is come to light, so as many, who have been otherwise minded, do now acknowledge that doctrine, which the word of God, and the ancient Fathers, and reason itself do so fully import and avouch, uz. that true payment of tithes is due to the Ministers of the word of God, by that word whereof they are Ministers: and, quia magna est veritas praevalebit, because great is the truth it will prevail, by the blessing of God which makes it powerful. Objection. 10. Yet, hereby do you but bewray your covetousness, while you contend and strive so much for worldly maintenance. Answer. I have in part prevented this cavil in mine answer to the eight objection, but because I am desirous what I can to remove all rubs, I will here add something more fully, and say. First, our strife herein is no way blamable, whilst we do but modestly demand, by an orderly proceeding, that thing which the word of God assigneth unto us. Secondly, he is not covetous who asketh his own, but he is covetous and injurious also, who detaineth the good from the owner thereof. Thirdly, it is not riches, but the truth that we strive for, God the searcher of the hearts, doth know our hearts, if it were not more for desire to bring the truth to light, (as much as we can) then for any hope of gain by so unthankful a work, we should not once go about either to write or to speak one word in this argument. And so for mine own part, I give thanks to God upon the knees of mine heart, that I have not undertaken this labour, either at the first in preaching, or since in preparing this treatise for the press, either of a mind desirous to oppose any, who is as yet of differing judgement from me in this matter, nor yet urged by extremity of need, or discontentment at my portion (such as it is by the bounty of God) for naked I came, and so I shall re●u●●: But only I am willing to declare unto others so much as I can of this truth, as the goodness of God hath revealed the same unto me, upon my mean industry in the search thereof, and according to my poor faith and judgement to give my voice and suffrage (as weak as it is) in the cause, with those who have pleaded the same before me with greater dexterity. So far forth as shall please almighty God to open men's eyes, and to incline their hearts to see and acknowledge this doctrine, we shall have cause with reverend thankfulness to praise his name, and gladly to enjoy the fruit of our labours. And whereas otherwise, any body shall repute our arguments slighter than to be yielded unto, yet nevertheless we shall by the grace of God go on cheerfully and faithfully in the work of our calling, knowing assuredly that while we labour sincerely to glorify the Lord, and to edify his Church, in all needful knowledge; our reward may a while be deferred and denied by man in this world, but it will be heaped upon us with the greater measure of true happiness in the kingdom of heaven by almighty God. And therefore in regard of these worldly things I say unto my brethren, and to myself as the Apostle speaketh to servants: Art thou called being a servant? care not for it, but ●f thou mayest be 1. Co●. 7. 21. 22 free, use it rather: for he that is called in the Lord being a servant is the Lord▪ freeman: likewise also, he that is called being free, is Christ's servant. So if we must continue still in this more servile condition, to be provided for a● the courtesy of our Churches, let us not care for it, but if we can happily obtain the more free estate, to receive the tithes which are our due, let us use it ●ather: for he that ministereth in meanness and neediness, he is rich and eminent in the Lord, for great is his reward in heaven: and he that aboundeth in the riches of this world, is in Christ but all one with the meanest of his brethren. Wherefore I conclude with this earnest supplicationn unto all men of reason and civility: namely, Whatsoever you shall think of tithes, yet for God's sake we beseech you, and for his sake who bled and died for you, in unconceivable tortures upon the accursed and yet most blessed cross, that as you do profess his name, so you would have his ministers in due account, profess not by neglecting and contemning them, that the religion of Christ which you magnify in word, you repute indeed, to be little worth, and so meanly to be maintained: Let us find that our preaching hath, as delivered you from the superstition and misery of Popery, so also seasoned you with true powerful Christianity: Let us find, that whilst we have informed your understanding, the enemy hath not perverted your affections, with irreverence and neglect of religion. We refer the cause to be scanned by your discretion, and your discretion to be directed by the grace of God: AMEN. MATTH. 22. 21. Give unto Caesar that which is Caesar's, and unto God, that which is Gods. FINIS. TO THE READER. Who faulteth not, liveth not; who mendeth faults is commended: The Printer hath faulted a little: it may be the author oversighted more. Thy pain (Reader) is the least; then err not thou most by misconstruing or sharp censuring; lest thou be more uncharitable, then either of them hath been heedless: God amend and guide us all. Pag. lin. 12. 30 when he was not bound if he had not been bound. 32. 11. bidgnadha● rach hilgnadhai rak. 56. 1. absoletum read absoletum. 79. 5. as then. 83. 18. those these. 134. 18. than the civil than that the civil. 28. 21. blot of. 53. 35. did. Marg. pag. 1. for Eph. read Tim.