THE LARGER TREATISE CONCERNING TITHES, Long since written and promised by Sir Hen: Spelman Knight. Together with some other Tracts of the same Author, And a Fragment of Sir Francis Bigot Knight, all touching the same Subject. Whereto is annexed, An Answer to a Question of a Gentleman of quality, made by a Reverend and Learned Divine living in London, concerning the settlement or abolition of Tithes by the Parliament, which caused him to doubt how to dispose of his son, whom he had designed for the Ministry. Wherein also are comprised, Some Animadversions upon a late little Pamphlet called, The Country's plea against Tithes: discovering the ignorant mistake of the Authors of it touching the maintenance of the Ministry by such means: As also, upon the Kentish Petition.  
Published by JER: STEPHENS B. D. According to the appointment and trust of the Author.  
LONDON, Printed by M. F. for Philemon Stephens at the Gilded Lion in Paul's Churchyard. 1647.   

TO THE WORSHIPFUL My much Honoured friends, John Crew Esquire, and Richard Knightley Esquire, worthy Patriots of our Country Northamptonshire.  
I Address unto you both, these several Treatises, not only out of duty and obligations to yourselves, but in regard of your public good affection to maintain the patrimony of the Church in Tithes, which is so fundamentally settled by our Laws, that nothing can be more certain by them. And the times now growing dangerous to the whole state of the Clergy in this particular, yourselves having de●l●red your opinions for Tithes, and accordingly been careful to preserve us in our rights, I hope this my service will be acceptable to you: what farther may be done depends upon God's providence, and the good endeavours of all pious men to afford t●●●r best assistance. Seeing the Parliament hath honourably declared themselves for Tithes, both by their Ordinance and the repulse given to some Petitioners against them. For mine own part, though I expect censure and opposition from many, yet as an Ancient said, In causa qua Deo placere cupio, homines non formido. I have therefore in this needful time, at the earnest request of many, adventured the rather to discharge the trust reposed in me by the worthy Knight Sir Hen. Sp. who being employed in greater works, committed these to my care & trust to be published. His charge doth nearly concern me, and in conscience I could not longer conceal them from the public view. They have been long in my custody; and if the favour of yourself M. Crew, in a time of danger, besides M. Knightleys public deserts and defence of me since from scandalous people, had not prevented, they had been utterly lost by the injury of soldiers, together with other Manuscripts and Monuments of great consequence against the common adversary. Yourselves having preserved them and me, I could not do otherwise then return you the thanks and fruit of your own favours; and whosoever shall think these worthy the public view, will have the like cause to render you thanks for saving both them and myself, being extremely injured by some that are styled in our ancient Laws, Villani, Cocseti, Perdingi, viles & inopes 
Ll. H. 1. c. 29.  personae; by whose troubles I am enforced to omit divers additions material to this argument, which the learned Knight committed to me. But lest hereafter they should miscarry by any common danger, or neglect of mine, I could find no better means to prevent the same, then by committing these to the Press, that they may live & be extant for the common benefit of God's cause and Church. The piety, excellent learning and moderation of the Author, in all his expressions, will prevail much with those that are truly wise and sober, and if your protection shall concur to defend both them and my poor studies, I shall hope to give you farther account hereafter in other works of great moment. Thus praying God to guide and bless you in all your pious endeavours, I subscribe myself,  
Yours ever obliged, JER: STEPHENS▪   

To the READER.  
THe eminent worth and dignity of this religious Knight needs not to be set forth by the praise or pen of any man; his excellent learning, piety, and wisdom, were very well known to the best living in his time; and his own works published in his life, together with the great applause conferred on them, both at home and in foreign parts by learned noble Parsonages, and great Princes, are testimonies beyond all denial, or exception. Among all other his singular deserts and works, there is none more illustrious, than his piety towards God, testified both in his holy course of life, and especially by his learned and godly Treatises, of the Rights and Respect due to Churches. Wherein he hath so accuratly proved, what is due to God, and to be rendered unto him, both for the time of his worship, and also for the means and places, wherein his worship is to be performed, that no true Christian, who embraceth the Gospel, but must acknowledge willingly his singular deserts and piety: His great knowledge in the Common Law of our Kingdom, and all other Laws whatsoever, divine or humane, ancient or modern, Civil or Canonical,  

— Multatenens antiqua, sepulta, vetusta, 
Ennius.   
Quae faciunt mores veteresque novosque tenentem,   
renders him singularly judicious above many other, and able to deliver the truth when he descends to speak of humane laws and authorities, after he had first founded and settled his opinion upon the divine Law of God. Yet notwithstanding his piety, learning, and moderation in all his expressions, there wanted not a perverse spirit to oppose and scribble something against him, whereof he took notice, and added a censure in his learned work the Glossary; and also among other his papers of this argument, he hath left a sufficient apology and justification of his former Treatise, which, is here published for satisfaction to all that be truly pious and well-affected sons of the Church of England.  
For his larger work of Tithes, which he prepared long ago, it is also here added, though in some few places imperfect, and might have been better polished by his own hand, if he had engaged himself upon it, and desisted from his greater works so much desired by many eminently learned both at home and abroad: yet rather than suffer the loss of such a testimony of his piety to God, and good affection to uphold the settled maintenance of God's House and Ministers, to whom double honour is due, as the Apostle saith, it is 
1 Tim. 1. 15.  thought fit to publish it, as he left it, imperfect in some passages, and defective of such ornaments and arguments, as he could have added further, out of his store and abundance: though what he hath here delivered is so complete, as doth fully discover the ability of his judgement; and that these reasons and illustrations produced by him could hardly have proceeded from any other. Author, being agreeable to his expressions, style, and arguments delivered in his other writings. And at this instant it seems very necessary, in regard the humour and displeasure of many in the world, is now obstinately bend to beat down, root up, overthrow, and destroy, whatsoever the piety and wisdom of our forefathers built and contributed in the Primitive times of their faith and conversion to Christianity, as if all they did, were Popish and superstitious, fit to be rooted up: and as if themselves had a Commission as large as the great Prophet had from God, and were set over the Nations and Kingdoms, to root out, and pull down, to destroy and to throw down, to build and to plant, Jer. 1. 10.  
But if men will rest satisfied, either with proof from divine authority, there wants not enough here to guide their consciences: or with humane Laws and Statutes confirmed, and fully enacted by many Parliaments, whereby they are now become ancient and fundamental, as well as any other Laws, together with the constant course and practice of above a thousand years in our Commonwealth, there wants not here the testimony of all our ancient Monuments, Statutes, Deeds, and Charters of our Kingdom, Princes, and Noble men, which this learned Knight hath more fully and completely published in order of time, and in their original Saxon-language, in his first Tome of our English Laws and Counsels, for the first five hundred years before the Conquest, being his last work before his death. Whereunto when the second Tome (which he hath also finished) shall be added for the next 500 years after the Conquest, together with his learned Commentary upon all difficult and ancient rites and customs; there will be abundant proof from all humane Laws, and the authority of our Common Law, together with the practice of our Kingdom, in several ages, that no man can raise a doubt or exception, that shall not receive satisfaction fully and clearly. As for the Laws of Israel, and the Heathens also in imitation of Gods own people, the Decrees and Canons of general Counsels, in succeeding times, here is also such abundant testimony produced, that no judicious Reader can refuse to yield his vote thereto, and approbation for continuance.  
There is another noble and religious Knight of Scotland, Sir James Sempil, who hath so accurately laboured in this argument, and proved the divine right of Tithes from the holy Scriptures, insisting thereupon only, and no other humane Authorities, or Antiquities, further than he finds them to play upon the Text, pro or contra, (as himself saith in his Preface) that much satisfaction may be received from his pious endeavours; having therein cleared some Texts of Scripture from sinister interpretations, and exactly considered the first Institution and Laws for Tithes, delivered by God himself both in the Old and New Testaments.  
If both these godly and learned witnesses of the truth will not serve the turn to convince the judgement of some illaffected, they being both raised up by God out of both Nations, like to Eldad and Medad, among the people, extraordinarily 
Numb. 11. 26.  to prophesy, and defend the truth, being moved and inspired doubtless by God himself, (besides those that belong to the Tabernacle) to uphold and maintain his own cause against the adversaries of his Church; yet they may well stop the mouths of worldlings and Mammonists from clamour and inveighing, and persuade them to acquiesce upon the known and fundamental Laws of the Kingdom: which areas ancient and fundamental as any other, or rather more, because they concern especially the upholding and maintenance of the worship of God, than which nothing can be more necessary or fundamental: and therefore the pious and good King Edward the Confessor, doth begin his Laws with the recital and confirmation of the Ecclesiastical Laws, and particularly of Tithes, Church-possessions, and Liberties thereof: A legibus igitur sanctae 
Ll ad confess. in Prooem.  matris Ecclesiae sumentes exordium, quoniam per eam Rex & regnum solidum habent subsistendi fundamentum, leges, libertates, & pacem ipsius concionati sunt. Because thereby the King and Kingdom have their solid foundation for subsistence, therefore the laws, liberties, and peace thereof are first proclaimed and established.  
And thus begins also Magna Charta,— Nos intuitu Dei, pro salute animae nostrae, ad exaltationem sanctae Ecclesiae, etc. and so also many other Statutes successively, pour le common profit de Saint Esglise & deal Realm, 
Westminst. 1.  etc.  
The possessions, tithes, and rights of the Clergy being thus settled, they may doubtless be enjoyed, having been freely collated (according as was foretold by the Prophets, Esay and others) by Kings, Nobles, and many good men, 
Esay 49. 23. If these things had not been primarily due unto God, by the rule of his Word, yet are they now his, and separate from us, by the voluntary gift and dedication of our ancient Kings and P●cdecess●rs. Spelman's first Treatise, § 5. & cap. 28. inf.  fully confirmed by Law and Parliament, established by the possession of many hundred years: & that although in the beginning perhaps things were not so commanded in particular, as any man else may enjoy lands, goods, chattels, gifts and grants whatsoever is freely collated, purchased, or obtained by industry, or is freely given and bequeathed by Ancestors, or other Benefactors, although perhaps there be not divine right in special, to prove and justify so much land, money, rents, or goods of any sort to be his due and right.  
God did foretell and promise by the Prophet Esay, cap. 49. 23. that he would raise up in the Church of the redeemed, Kings and Queens to be nursing fathers, and nursing mothers to his Church; that is, saith Calvin upon the Text, Magni Reges ac principes non solùm Christi jugum subierunt, sed etiam facultates suas contulerunt, ad erigendam & fovendam Christi Ecclesiam, ita ut se patronos & tutores ejus praestarent. Kings and Princes should give much Lands, Revenues, and great maintenance for the worship of God, and his Ministers, attending thereon, which promise God abundantly performed by many and great Emperors, Kings, and Princes in all Countries after their conversion to the faith.  
The donations, gifts, and buildings of Constantine the first, and great Christian Emperor born at York, and Helena his mother an English Lady, exceeding religious and devout, are famous in History, together with their buildings and endowing of many ample and beautiful Churches in several Counties of the Empire. 

Dominicum aureum. Nobilissimum Antiochiae templum à Constantino M. inceptum, sub Cons●antio verò absolutum; & hoc epitheto prae excellentia honoratum▪ insigni. Episcoporum populorumque confluentia ejus encaeniam ce●●●nte, Hieron. in Chronico. In Antiochia Do●●●●icum quod vocatur aureum, aedificari coeptum. Et infra mox. Antiochiae Dominicum aureum dedicatur. Glossar. Spelman. pa. 224.  
Cyrill describing a Church of Constantine's building in Jerusalem, ●als it, (Cat. 14.) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a Church all adorned, and embossed with silver and gold.  
Eusebius reporting of the spacious and beautiful Church of Tyre, which was built anew by the famous B. P. Paulinus says, the lustre and splendour was such, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as made beholders amazed to behold it.   Neither did he thus alone in his own person, but he also gave leave to his subjects to do the like, whereby the Church was greatly enriched in a short time. C. L. 1. c. de sacrosanct. Ecclesiis, § Si quis authent. de Ecclesia.  
The gifts and buildings of divers other Emperors and Kings, as Theodosius, Justinian, Pipin, and Charles the great are endless to be repeated. When as any doth the like now, or repair old Churches formerly built, he is by some ignorant people termed Popish, or Popish affected.  
The grants, buildings, and gifts of our own English Kings, Noble men, and Bishops, ever since our first conversion, are famous in our Histories: especially of King Lucius, and Ethelbert, the two first of the British and Saxon Kings: so also of Egbert, Alured, Ethelwolph, Edgar, Edward the Confessor, and many others in times following after the Conquest▪ (no Princess, or Nobles, being more bountiful than ours in England.) Their Charters and Acts of Parliament are extant in the first Tome of our Counsels by this Author; and many are also mentioned by the learned Selden in his History. Now when Churches are built, and grants of lands, tithes, and oblations are freely given by great Kings, confirmed by several Acts of Parliament, oftentimes renewed and reiterated, as by the great Charter thirty times confirmed, and many other Statutes since, as also by the Text and body of the Common Law, which doth affirm Tithes to be due Jure divino: as is asserted by that ever honourable Judge and Oracle of Law, the Lord Coke, in the second part of his Reports, Dimes sont choses spirituels, 
L'Evesque de winchester case, fol. 45.  & due, de jure divino.  
Being thus settled and confirmed, and thereby becoming fundamental Laws of the Kingdom, they may, and aught to be enjoyed peaceably, without grudging, or repining, alienation or spoil, without casting an evil eye upon God's allowance, and because he hath given the flower of wheat to make bread for his Sanctuary: whereof God himself giveth charge in the last vision of Ezekiel, contained in 
Ezek. 45, etc.  the last four chapters, where he appointeth a third part of the land to be set forth for his Temple, Priests, and servants, besides the portions for the Prince, and for the people; which vision for performance concerneth the Christian Church, and was never fulfilled in the Jewish State, as this Author and many others do show: and there God doth especially forbid alienation, selling or exchanging of his Temple's portion, as being most holy unto the Lord, Ezek. 48. 14.  
It concerns us therefore that live in these times of the Christian Church, when we see the ancient prophecy fulfilled by Kings and Princes, in giving much to the Church, to preserve God's portion entire without alienation, spoil, or violence. The Primitive times of the Church, as this Author showeth, ch. 6. as had not been since the very Creation: times wherein God opened the windows of persecution, and reigned blood upon his Church, as he did water upon the world in the days of Noah, during the ten grievous persecutions in the first 300. years after Christ, so that no man must expect then to find settled Laws for Tithes, Lands, or maintenance of the Clergy, when the Emperors and Magistrates were Heathens persecuting the Church, and made many furious edicts for rasing and ruinating of Churches, which had been built by Christians in some times of intermission, as appears by Eusebius, when he comes to the times of Dioclesian. Every good Christian, and almost every Clergyman, lost his life for religion; no man did care or expect for preferment, maintenance, or dignity, save only the crown of martyrdom, which many thousands did obtain: The Church, saith this Author, 
Cap. 6.  did all that while expose the dugs of her piety unto others, but did live herself on thistles and thorns, in great want oftentimes, necessity, and professed poverty. Now those men that would reform all according to the pattern of the Primitive Church, and the Apostolical times, do not consider, that the Clergy must be reduced again to the same condition of poverty, want, and misery, as formerly they were, if the pious and charitable gifts, and donations of Kings and Nobles, in the ages next succeeding the persecutions, should be taken away, and the ancient patrimony of Tithes abated, or subverted by the worldly and covetous practices of them that esteem gain to be godliness. The kites of Satan (as this Author termeth them) have already pulled away many a plume from the Church in several ages, yet thanks be to God, there be some feathers left to keep her from shame and nakedness, if the sacrilegious humour of the times prevail not against her. And there is the more reason to hope and expect that we may enjoy our portion and tithes quietly, because we have so much less than the old Priests and Levites received from the people: for they had several tithes and oblations for themselves, for the feasts and for the poor, wherein they did share in a far greater proportion than is now required by the Clergy of the Gospel.  
The learned Scaliger, Selden, and many others do prove apparently by instance of particulars, that the Israelites did pay out of their increase of corn much more than a tenth, even almost a fifth part for several tithes and duties then commanded to them. I will recite Mr selden's example, History ca 2. § 4.  
The Husbandman had growing, 6000 Bushels in one year. 100 Bushels was the least that could be paid by the husbandman to the Priests for the first-fruits of the threshing floor. 5900 Bushels remained to the husbandman, out of which he paid two tithes. 590 Bushels were the first Tithe paid to the Levites. 59 Bushels the Levites paid the Priests, which was called the Tithe of the Tithes. 5310 Bushels remained to the husbandman, out of which he paid his second Tithe. 531 Bushels were the second Tithe. 4779 Bushels remained to the husbandman, as his own, all being paid. 1121 Bushels are the sum of both Tithes joined together, which is above a sixth part of the whole, namely, nineteen out of an hundred.  
So that of six thousand bushels the Levites had in all 1063. whole to themselves: the Priests 159, and the husbandman only 4779. He yearly thus paid more than a sixth part of his increase, besides first-fruits, almost a fifth: many of no small name, grossly skip in reckoning these kinds of their Tithes, saith Mr Selden. Observe how much (faith chrysostom, speaking of the great 
In Epist. ad Philip. Tom. 4. Edit. Savil.  maintenance of the Levites) the Jews gave to their Priests and Levites, as tenths, first-fruits, than tenths again: then other tenths, and again, other thirtieths, and the sickle, and yet no man said, they eat, or had too much.  
The Rabbins also reckon 24. gifts to the Priesthood, according as they are set down both by Rabbi Bechai, and R. Chaskoni, on Numb. 18. and so Jarchi on Gen. 29. 34. and in Talmud. in the Massech, Cholin. 133. f. 2. pag. in this order: i. The twenty four gifts of the Priesthood were given to the Priests, twelve at Jerusalem, and twelve in the borders: the twelve that were given in Jerusalem, are these, the sin-offering, the trespasse-offering, the peace-offerings of the Congregation, the skins of the holy things, the shewbread, the two loaves, the omer, or sheaf, the remainder of the meat-offerings, the residue of the log, or pint of oil for the Leper, the oblation of the thanksgiving, the oblation of the peace-offering, the oblation of the Ram of the Nazarite. And these following are the twelve that were given in the borders: the great heave-offering, the heave-offering, or oblation of the tithe, the cake, the first-fruits, the first of the fleece, the shoulder, the two cheeks and the maw, the firstborn of man, the firstborn of the clean beast, the firstling of the Ass, the dedications or vows, the field of possession, the robbery of the stranger, Leu. 6. 5. Numb. 5. 7, 8. These are the 24. gifts that belonged to the Priesthood. But among these, there is no mention of the firstborn of any unclean beast, but only the Ass, and no mention at all of the tithe of cattle. Thus a learned 
M. Nettles, pag. 120.  Author observeth out of the Rabbins.  
All these several tithes, oblations and duties were paid, not deducting nor accounting their charges and labour of the husbandman; and yet they among their aphorisms both divine and moral, do tell us, that as the Masoreth is the defence of the Law: so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Maighsheroth seag Laighsher, that is, tithes paid are the defence of riches: so God promised, Mal. 3. Bring ye all the tithes into the Storehouse, that there may be meat in my house, and prove me herewith, saith the Lord of hosts, if I will not open you the windows of heaven, and pour you out a blessing, that there shall not be room enough to receive it.  
And one notes, that at this day, when they have no Temple, nor Priesthood: Qui religiosiores sunt inter Judaeos, loco decimarum, eleemosynam pendunt de omnibus lucris decem aureos de centum, centum de mille: as Mr Selden observeth in his Review, cap. 2.  
Yea, they paid not only their tithes, but their first-fruits also, wherein they were so liberal in some ages, that even from the abundance of first-fruits paid by the owners to the Priests, there was not a Priest in the 24. courses of them, but might be accounted a very rich, or largely furnished man; as Mr Selden observeth out of Philo: and that they prevented the officers in demanding of them, paid them before they were due by Law, as if they had rather taken a benefit then given any; both sexes of their own most forward readiness in every first-fruit season, brought them in with such courtesy, and thanksgiving, as is beyond all expression; whereas in these times under the Gospel the Priesthood is far more excellent than that of the Law, and the Clergy deserves infinitely more than the old Priests and Levites: whose employment is not to light candles, snuff lamps, set bread upon the table, kindle fire, put incense at the Altar, to kill, slay, and hew beasts in pieces, but have incumbent onus, even Angelis formidabile, if men would rightly understand 
In Epi Philip Edit.  what they undergo, or others value what these sustain. They have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the souls of men, which is an office no temporal satisfaction can countervail: accountable to God for themselves and others. Their study, labours, after long and chargeable education, in reading, watching, preaching, praying, visiting the sick, are fully expressed by this learned Author, cap. 14. Yet the husbandman payeth now but one tenth to the Clergy, and no particular tithe for feasts, or to the poor, or other uses, as the Israelites did. But the Clergy now besides out of their small receipts, bear the burden of tenths and first-fruits 

Decimae Philippo Regi Francorum in oppugnationem Saladani Mahometani principis concessae erant. Hujusmodi etiam obtinuit Rex Angliae Richardus 1. ut testatur Matth. Paris. in Anno 1189. & ab exemplis istis posteri saepe Reges.  
Annatas, sive primitias, Bonifacius Papa beneficiis Ecclesiasticis primus imposuit, circa annum 1400. sunt tamen qui hoc inventum johanni 22. ascribant: hanc autem consuetudinem omnes admisere, praeter Anglos, qui id de solis. Episcopatibus concessere, in caeteris beneficiis non adeo. Platina. Hodie fisco penduntur non tantùm ex Episcopatibus, verùm etiam ex beneficiis quibuslibet Ecclesisticis, annui valoris 10. marcarum, Vicariisque 10. lib. nec minores sane, quam unius anni fructus integri, juxta tabulas Regias aestimandos. Glossarium Spelm. in Annatis.   to the value of thirty thousand pounds yearly, imposed on them lately, whereas tenths were not annually paid before the 26 H. 8. (which Statute was repealed by Q. Mary) but at some times: but they were a Popish invention at the first, and only of late years, though now continued yearly, and further charges imposed in taxes to the poor, and subsidies to the public in a greater proportion than by the Laity; provision of arms also, though their tithes and deuce are abated and cut short more then anciently, not only by fraud and false payment, but also by unconscionable small rate-tithes and customs almost in every Parish: And also many great estates wholly discharged of tithes, as Cistercian lands, and those of the Templars and Hospitalers, (who had thirty thousand manors in Christendom, whereof a great part were in England) by the Pope's pretended privileges, and exemptions: though we abhor and detest the Pope, yet for our profit we make use of his Bulls and authority: all which losses and charges are not to be forgotten, though we submit under them patiently, as our Saviour Christ did to pay tribute, when it was not due, Mat. 17.  
And this we yield unto further, though we have lost almost all the ancient privileges and immunities, which were formerly granted to the Clergy: which were given, that they might be encouraged to attend their studies without distraction or avocation by secular troubles: The ancient Kings and Parliaments, allowing many freedoms from several services, impositions, and taxes: as appears by many Laws and Charters, in the first Tome of our English 
Tom. 1. Concil. Britan.  Counsels, (see the title De libertatibus Ecclesiae) and by Lord Coke in the second of his Institutes upon Magna Charta, pag 3, 4. where he reckoneth up many privileges, and how Ecclesiastic all persons ought to be quit and discharged of tols, and customs, as avirage, pontage, paviage, and the like, from distresses by Sheriffs, and many others: but as he there confesseth, they are now lost, or not enjoyed: though anciently they had more and greater liberties, than other of the King's subjects; but now no men are more burdened with taxes, and impositions, that we are become in the sight of too many men, as the filth of the world, and the offscouring of all things; as the Apostle complaineth, 1 Cor. 3. And whereas this Author showeth, ca 3. how the habitation of the Minister should be as becometh students, and men of contemplative life, under their own command and solitary. It now happens, that no men's habitation is more troubled with vexations and soldiers quartered upon them.  
Besides the Priests and Levites had the ransoms of the firstborn both of man and beast, great benefit by several kinds of sacrifices, and head-money paid yearly, and many other perquisites, and to what a sum (saith Philo) these 
Exod. 30. 13.  might amount, may be guessed by the populousness of the Nation: and further they had 48. Cities set out by Joshua, cap. 21. for their habitations, and two thousand cubits about them, (each cubit being a full yard) besides 
Numb. 35. 4, 5. No Tribe but the royal Tribe of Juda had so many Cities allowed to them: as Jos. 15. & 21  one thousand next the walls for their cattle: whereunto were added 20. cities more in process of time, when the number of the Tribe was increased greatly, as this Author showeth, ca 3. And all this they had, though the Tribe of Levi was not near a tenth part of the people, which yet is an error, that hath possessed some great Names, (as M. Selden well observeth) they thinking there was such a proportion of the Tithes, and the receivers, and have rested therefore fairly satisfied in this, that the Levites being one of the 12▪ Tribes, had the tenths as a competent maintenance to themselves, being near the tenth, that is, being the twelfth part of the people, as if arithmetically the people and the revenues had been divided: but long since the sleightness and falsehood of this fancy hath been discovered. And clearly had such a proportion of persons, and the name of tenth held; yet examine all that was paid to the Priests and Levites in first-fruits, and the several predial tenths only, and it will be near a fifth part, to omit the Cities and suburbs; but for proportion betwixt the tithes, we have sufficient testimony in holy writ, that it was far otherwise, for they were only about a threescore part of the people. And 
Num. 1. & 3.  so Bellarmine showeth, Tom. 2. declericis, cap. 25.— Jam igitur addendo Levitas caeteris Hebraeis, dividendo totum numerum per viginti duo millia, efficiuntur partes divisae sexaginta. Ergo Levitae non erant pars tertia decimae, sed vix sexagesima totius populi. It is to 
A pitiful wonder it is to see learned men allege such reasons: as Sir James Sempil saith, p. 23.  no purpose to look after any such thing, I rest in this (saith M. Selden) that it pleased the Almighty so to enrich that Tribe, which was reserved only for the holy service in the Temple: why he did so, or with what proportion, let him for me examine, who dare put their profane fancies to play with his holy text, and so most impudently and wickedly offer to square the one by the other. Review, cap. 2.  
Now because the Israelites were thus bountiful to their Priests and Levites, therefore the Christians in succeeding times, gave not only many rich gifts and grants in lands, and several oblations, but also for the continual support and maintenance of the Clergy by tithes, they made Laws 
Concil. Valentin. Anno 855. Com. 10. Tom. 3. Concil.  that every one should pay a ninth part, besides their tenths, that so they might be sure to pay more than a tenth, with an overplus rather than come short by any less quantity: and much to that purpose the learned Grotius showeth, De jure belli ac pacis, li. 1. ca 1. § 17. Lex vetus de Sabbatho & altera de decimis, monstrant Christianos obligari, nec minus septima temporis parte ad cultum divinum, nec minus fructuum decima in alimenta eorum qui in sacris rebus occupantur, aut similes pios usus seponunt. But this is more fully proved by the learned 
Nonae] quas pii ex propensiori in Deum animo dabant, ultra decimas. Quod plurimis L●. allatis probat & explicat. Glossar. Dni. Spelm.  Spelman in his Glossary, where he allegeth and explicateth several Laws of divers Kings, which are too many to be here recited, but shall be produced in due time and place.  
Now if any motives will effectually encourage men to pay their deuce with a liberal hand and eye, or deter the hearts of worldly men from keeping back, profaning or taking away that which hath been settled, given and granted by Laws divine and humane, it must be the actions and examples of our Saviour Christ himself, who plainly discovered his zeal against sacrilege and profaning of holy things and places, more than against any other sin. For when he began to execute his Prophetical office, and reproved all kind of sins among the people, yet he preceded to punish not any save only sacrilege, which is very remarkable. He refused to be Judge in dividing the inheritance between the two brethren, and he would give no sentence against the woman taken in adultery: but in case of sacrilege himself made the whip, himself punisheth the offenders, himself overthroweth the money tables, and driveth out the prophaners out of the Temple, with their sheep and their oxen, not suffering the innocent doves to remain, though all these were for sacrifice, and but in the outward Court-yard of the Gentiles: such was his zeal as himself refused not to be the accuser, the Judge, and the executioner; and this not only once but twice, at the first in the beginning of his Ministry, recited by S. John, c. 2. 14. and at the last near the conclusion thereof, Mat. 21. 11. Jesus quam ad sacra emendanda bis conspicuo signo testatum hoc fecit, templum velut sacrorum sedem purgando circa initium, & circa clausulam sui muneris, ut in quo inceperat in eo se desinere ostenderet. Grotius in Johan. 2. 14. And S. Hierome accounteth it to be one of the greatest miracles that ever Christ did. Many men 
In Mat. 21.  do account that the greatest miracle that ever Christ did, 
Plerique arbitrantur maximum esse signorum, quod Lazarus est suscitatus: quod caecus ex utero lumen acceperit: quod ad jordanem vox audita sit Patris: quod transfiguratus in monte, gloriam ostenderit triumphantis: mihi inter omnia signa, quae fecit, hoc videtur mirabilius esse, quod unus homo, & illo tempore contemptibilis, & in tantum vilis, ut postea crucifigeretur, Scribus & Pharisaeus, contra se saevientibus, & videntibus, lucra se destruisse, potuerit ad unius flagelli verbera, tantam ejicere multitudinem, mensasque subvertere, & Cathedras confringere, & alia facere, quae infinitus non secisset exercitus, igneum ei quiddam atque sydereum radiabat ex oculis ejus, & divinitatis Majestas lucebat in fancy. Hieron.  was the raising of Lazarus out of the grave, or the restoring of sight to him that was born blind; that the voice of his Father was heard at Jordan; or that at his transfiguration in the Mount he showed forth his glory: but I rather think, the greatest wonder that ever Christ did, was, that he being but one single man, and all that time in a contemptible condition, and so vile, that shortly after they crucified him, should be able with a whip to drive out of the Temple such a multitude of men, officers, buyers and sellers, and overthrow their tables, seats, and receipts, (the Scribes also beholding it, and seeing their own profit to be overthrown thereby) and do such a strange thing, as a whole Army of men could not have done it at another time. But his principal end being to cleanse and purge his Temple and House of Prayer, from profanation, sacrilege, and abuses, it plainly showeth us, how odious a sin it is, to be guilty of the like abuses: and what punishment men must expect in his appointed time to follow upon the like offence, though now he doth forbear such miraculous proceedings in these latter days; when we are directed to search the Scriptures so plainly published to us, and to take admonition from former examples, which are recorded for our admonition upon whom the ends of the world are come.  
Some are of opinion lately, that so the Clergy may have a competent maintenance, whether it be by stipend, or any way else, it is sufficient provision for them: and because divers have published their opinion this way, here shall be something in answer to them. These men make themselves wiser than God himself, for he required tithes and first-fruits in their kind, not in money: Decimas & primitias tuas non tardabis offer, Exod. 22. 29. he could have appointed some shekels of the Sanctuary to be paid to every Priest and Levite, for the maintenance of himself and his family, if that had been the best and most certain means. But the uncertainty of stipends, collections, or payments in money is so great, as would in process of time bring very great losses and inconveniences, both upon the people in payments, and upon the Clergy; for the change and variations of the standard for money is so great and uncertain in all ages, (as this learned Author showeth in his Glossary in voce, Esterlingus & Libra——) that if an hundred pound according to these times, should be allowed for a stipend to a Minister yearly, it may be as much in value as 300 ●. or 400 ●. in the compass of an hundred years following: as we find evidently by the experience of the last hundred years past; and so likewise of every hundred years since the Conquest, and before it: which hath happened of late times by the discovery of the West-Indies, the trade and commerce thither, and the riches of their mines brought into Europe, all which may fail in the next age, or be otherwise diverted, and stopped, beyond the imagination or providence of any man. Further, by payment of tithes in kind out of all profits arising by God's blessing on our labours, the Clergy do partake with the people in times of plenty, or suffer with them in extremities, whereas by a certain stipend in money, they would be far less sensible. Also the change and alteration of the fundamental Laws of this Kingdom touching tithes, glebe, oblations, and other means, which have continued 
In M  in force above a thousand years, and settled by the Common 
Pler▪ tra● 〈◊〉  Law, will produce many mischiefs, especially to the Crown, in payment of tenths and first-fruits, subsidies, pensions, and other taxes, which amount yearly unto many thousand pounds to the Exchequer: all which must be abated and lost to the Crown; for no reason they should be paid when the means and maintenance shall be taken away, out of which they arise.  
Besides the impossibility to provide a sure and settled means in every Parish to pay a certain stipend in money quarterly to the Minister, there can be no caution, provision, or security given or established for payment of money; for we see by daily experience that all bonds, conveyances, and securities do fail often, whatsoever the devise be for secure payment. No way is comparable to Gods own way of giving yearly the tenth part in kind, of every increasing commedity, and all lawful profits, as they arise and grow due at several seasons of the year. As for stipends and pensions, because they have been lately invented in some foreign Churches, in times of war, great troubles and distractions; I will mention only one mischief, which is already published in print; and that is, that the best learned are oftentimes neglected, and put to hard shifts, as in the Low-Countries John Drusius lately a very painful and learned man, well known for his singular works: He complains in an Epistle to Joseph Scaliger before his Commentary on the Maccabees, that he was in want of things necessary; and elsewhere prayeth unto God to stir up the hearts of the great ones to help him: May heaven and earth take notice (saith one thereof) how miserable the condition of the learned is, when tithes the fixed honorary of the Priesthood by divine right, are usurped by the Laics, and reward is measured not by true worth, or by the measure of the Sanctuary, which was full, running over and double to the common and profane measures; but by the ignorant estimate of niggardly Mechanics and their underagents. Many more such complaints might be easily alleged out of Luther, Melancthon, Calvin, and others, which I will now forbear: one great reason being that their Churches for most part are still under great persecution, miserable wars, pitifully wasted, being never almost quietly composed, nor settled by Kings and Parliaments, as ours hath been; for the Emperor and many great Kings and Princes continue Papists, and great adversaries to Reformation: whereby Germany, France, and Poland, have most sharply suffered, and lost many thousand Churches and Ministers, since the the blazing Comet 1618. the people being relapsed and enforced to Popery for want of Ministers: which makes the reverend and learned Deodatus, Professor at Geneva, magnify the Church of England, as the most eminent of all the reformed Churches in Christendom styling it, Florentissima Anglia, Ocellus ille Ecclesiarum, peculium Christi singular, perfugium afflictorum, imbellium Armamentarium, inopum promptuarium, spei melioris vexillum,— splendidae Domini caulae,— and much more he addeth, speaking of our condition before these troubles.  
If any demand what success the labours of this worthy Knight found among the Gentlemen of Norfolk, and other places, where he lived long in very great esteem, and publicly employed always by his Prince and Country in all the principal offices of dignity and credit, it is very observable to allege some particular testimonies worthy to be recorded to posterity, and with all honour to their names, who were persuaded presently upon the reading of his first little Treatise (and perhaps upon sight of the larger work now published, more the like good effects may follow) to restore and render back unto God what was due to him.  
And first the worthy Knight practised according to his own rule: for having an Impropriation in his estate, viz. Middleton in Norfolk, he took a course to dispose of it for the augmentation of the Vicarage, and also some addition to Congham a small Living near to it: Himself never put up any part of the rent, but disposed of it by the assistance of a reverend Divine his neighbour M. Thorowgood, to whom he gave power to augment the Vicar's portion, which hath been performed carefully: and having a surplusage in his hands he waits an opportunity to purchase the Appropriation of Congham, to be added to the Minister there, where himself is Lord and Patron.  
Next Sr Ralph Hare Knight, his ancient and worthy friend in that Country, upon reading of the first Book, offered to restore a good Parsonage, which only he had in his estate, performing it presently, and procuring licence from the King, and also gave the perpetual Advowson to Saint John's College in Cambridge, that his heirs might not afterwards revoke his grant: wherein he was a treble benefactor to the Church, and the College hath deservedly honoured his memory with a Monument of thankfulness, in their Library, and also wrote a respective letter of acknowledgement to this excellent Knight, to whom they knew some part of the thanks to be due, for his pious advice and direction.  
Sir Roger Townsend a religious & very learned Knight, of great estate in that County, restored three Impropriations to the Church, besides many singular expressions of great respect to the Clergy, having had a great part of his education together with S● John Spelman, (a Gentleman of incomparable worth) eldest son to S Henry, and by his directions both attained great perfection and abilities.  
The like I have understood of others in that Country, but cannot certainly relate their names & all particulars at this present, that Shire abounding with eminent Gentlemen of singular deserts, piety, and learning, besides other ornaments, as Cambden observeth of them.  
In other parts divers have been moved with his reasons to make like restitution, whereof I will mention some: as Sir William Dodington Knight of Hampshire, a very religious Gentleman, restored no less than six Impropriations, out of his own estate, to the full value of six hundred pounds yearly and more.  
Richard Knightley of Northamptonshire lately deceased, restored two Impropriations, Fansley and Preston, being a Gentleman much addicted to works of piety, charity, and advancement of learning, and showing great respect to the Clergy.  
The right honourable Baptist Lord Hicks Viscount Campden, besides many charitable works of great expense to Hospitals and Churches, as I find printed in a Catalogue of them in the Survey of London, restored and purchased many Impropriations.  

1. He restored one in Pembrokeshire which cost 460l.  
2. One in Northumberland, which cost 760l.  
3. One in Durham, which cost 366l.  
4. Another in Dorsetshire, which cost 760l.   
He redeemed certain Chantry lands, which cost 240l.  
And gave pensions to two Ministers, which cost 80l.  
Besides Legacies to several Ministers.—  
The particulars are more fully recited in the Survey, to which I refer, pag. 761.  
Ms Ellen Goulston Relict of Theodore Goulston Dr of Physic, a very learned man, being possessed of the Impropriate Parsonage of Bardwell in Suffolk, did first procure from the King leave to annex the same to the Vicarage, and to make it presentative, and having formerly the donation of the Vicarage, she gave them both thus annexed freely to St john's College in Oxon: expressing many godly reasons in a pious letter of her grant, to advance the glory of God to her power, and give the world some testimony, that she had not been a fruitless observer of those who taught her that knowledge, without its fruit, and that love of Christ, without love to his Church was but an empty mask of an empty faith.  
Thus with devout prayers for a blessing from God upon those which should be chosen Rectors there, she commended the deeds and conveyances of the Parsenage for ever to the College. And this way doth justly seem the best manner of restitution, it being a double benefit to the Church both in providing carefully for the Parish, and selecting out of the Universities able and worthy Divines in due time and manner without any corruption, which the Colleges are careful to avoid; and therefore that course was followed by Sir Ralph Hare already mentioned, by the prudent advice of Sir Henry Spelman: which course if it had been observed by them who lately were employed in purchasing of Impropriations, they had freed themselves from sinister suspicions, by divesting themselves wholly of any profits reserved to their disposing, and might have much advanced the glory of God by diligent preaching, within the campasse of few years: and many would have been persuaded easily to become contributers and benefactors to their purpose.  
Divers Colleges in Oxon: having been anciently possessed of Impropriations, have of late years taken a course to reserve a good portion of the tithe corn, from their tenants, thereby to increase the Vicar's maintenance: so that the best learned Divines are willing to accept the Livings, and yet the College is not diminished in rents, but loseth only some part of their fine, when the tenants come to renew their Leases.  
Certain Bishops also have done the like; as Dr Morton, whiles he was Bishop of Lichfield did abate a good part of his fine to increase the portion of the Minister in the Vicarage of Pitchley in Northamptonshire, belonging to his Bishopric: and so did his successor Dr Wright, for the Vicarage of Torcester also in the same shire: which was very piously done, considering what great Lands and Manors were taken away from that Bishopric among others, and some Impropriations given in lieu of them.  
Besides, this present Parliament hath taken singular care to augment the maintenance of many poor Vicarages, and other small Livings: wherein they have proceeded carefully, and have made many additions to several poor benefices, for the better enabling of the incumbent Ministers to be faithful and diligent in their callings.  
And while Sir Hen. Sp. lived, there came some unto him almost every Term at London to consult with him, how they might legally restore and dispose of their Impropriations to the benefit of the Church: to whom he gave advice, as he was best able, according to their particular cases and inquiries, and there wanted not others, that thanked him for his book, promising that they would never purchase any such appropriate Parsonages to augment their estates. Whereby it appears how effectually the consciences of many men were moved with his moderate and pious persuasions: and himself was much confirmed in his opinion of the right of Tithes, which moved him to consign his works of this argument, besides others, to my care, with direction to publish them, as is also expressed in his last Will and Testament.  
Whereupon I hold myself obliged in conscience and duty to God, and to the memory of this excellent Knight, to whom I was infinitely obliged for his instructions, conferences, and favours, which I enjoyed in the course of my studies, many years frequenting his house and company: not to conceal these works any longer from the public view, but to publish them to the benefit of the Church, and servants of God, now especially when profaneness hath so licentiously overflowed, and the covetous wretches and Mammonists of this world, have begun to withdraw and deny their Tithes, muttering that they are Popish and superstitious, and therefore to be rooted out, as their language is: wherein yet the Parliament hath honourably discovered their zeal and care by their censure and check upon the Petition against Tithes exhibited in May 1646. and by their Ordinance providing for the true payment of all tithes, rights, and deuce to the Church, as more fully appears therein.  
Wherein they have followed the modern and ancient Laws, as that expression of the Act of Parliament, 27 Hen. 8. cap. 20. That whereas numbers of ill disposed persons, having no respect of their duty to Almighty God, but against right and good conscience did withhold their Tithes due to God, and holy Church: as in that Statute is more at large expressed. So in the 12. Tables, Sacrum sacrove commendatum qui dempserit rapseritve, parricida esto. It being accounted sacrilege by all Laws to take away such things as have been formerly given to God: for so they were given expressly to God: as Magna Charta saith: Concessimus Deo— we have given to God, for us and our heirs, etc. So Charles the great: We know that the goods of the Church are the sacred endowments of God. To the Lord our God we offer and dedicate whatsoever we deliver to his Church. Cap. Car. lib. 6. So Tully anciently: Communi jure gentium sancitum est ut ne mortales, quod Deorum immortalium cultui consecratum est usucapere possint. So Calvin, Sacrum Deo non sine insigni in eum injuria ad profanos usus applicatur. Instit. li. 3. cap. 7. § 1.  
Tithes therefore being consecrated unto God, ought carefully to be preserved in these days, in regard the Church enjoyeth not the tithe of the tenth, which formerly it had, and hath also to this day among the Papists, who do not take away from the Church, but are ready to restore, as they have done in many Countries.   

CONTENTS OF THE SEVERAL TREATISES AND CHAPTERS.  
The larger Book of Tithes containing these particulars following.  

The Introduction to it.  
Cap. 1. What things be due unto God: first a portion of our time. pag. 1  
Cap. 2 The second sort of tribute, that we are to render unto God, that is, a portion of our land. pag. 2  
Cap. 3 That the portion of land assigned to God must be sufficient for the habitation of the Ministers. pag. 3  
Cap. 4 That Christ released not the portion due to God, out of our lands. pag. 6  
Cap. 5 What part in reason, and by direction of nature might seem fittest for God. pag. 8  
Cap. 6 Concerning the revenue and maintenance of the Church, in her infancy, first, in Christ's time, then in the Apostles, in the Churches of Jerusalem, Alexandria, Rome, and Africa. pag. 11  
Cap. 7 That the service of the Levites was clean altered from the first Institution, yet they enjoyed their Tithes. pag. 33 

§ 1. Of Templar Levites.  
§ 2. Of Provincial Levites.    
Cap. 8 The great account made of Priests in the old Law, and before. pag. 42  
Cap. 9 When our Saviour commanded the Disciples should take nothing with them, but live of the charges of the faithful; this bound not the Disciples perpetually. pag. 44  
Cap. 10 That many things in the beginning both of the Law and the Gospel were admitted, and omitted for the present, or reform afterward. pag. 46  
Cap. 11 That upon the reasons alleged, and others here ensuing, the use of Tithing was omitted in Christ's, and the Apostles time: and these reasons are drawn ab expedient, the other à necessitate. pag. 51  
Cap. 12 That Ministers must have plenty. pag. 55  
Cap. 13 Not to give less than the tenth. pag. 57  
Cap. 14 The Etymology and definition of Tithes, and why a tenth part rather then any other is due. pag. 67  
Cap. 15 Who shall pay Tithe. pag. 76  
Cap. 16 Out of what things Tithe is to be paid. pag. 79  
Cap. 17 That things offered unto God be holy. pag. 62  
Cap. 18 Tithes must not be contemned, because they were used by the Church of Rome. pag. 64  
Cap. 19 That the Tradition of ancient Fathers and Counsels is not lightly to be regarded. pag. 86  
Cap. 20 Ancient Canons of Counsels for payment of Tithes. pag. 88  
Cap. 21 In what right Tithes are due; and first of the Law of Nature. pag. 93  
Cap. 22 How far forth they be due by the Law of Nature. pag. 94  
Cap. 23 Tithes in the Law of Nature, first considered in Paradise. pag. 97  
Cap. 24 The time of Nature after the fall. pag. 100  
Cap. 25 That they are due by the Law of God. pag. 104  
Cap. 26 That they are due by the Law of Nations. pag. 113  
Cap. 27 That they are due by the Law of the Land. pag. 129  
Cap. 28 Tithe is not merely levitical; How it is, and how not; and wherein judaical. pag. 139 

§ 1. An Objection touching Sacrifice, First-fruits, and Circumcision.  
§ 2. Touching the Sabbath day, Easter, and Pentecost.    
Cap. 29 How Appropriations began. pag. 151 

§ 1. That after the Appropriation the Parsonage still continueth spiritual. pag. 157  
§ 2. That no man properly is capable of an Appropriation, but spiritual men. pag. 159  
§ 3. What was granted to the King. pag. 161  
§ 4. Whether Tithes and Appropriations belonged to the Monasteries, or not. pag. 163  
§ 5. In what sort they were granted to the King. pag. 164  
§ 6. That the King might not take them. pag. 165  
§ 7. Of the Statute of dissolution, that took away Impropriations from the Church. pag. 167  
§ 8. That the King may better hold Impropriations then his Lay Subjects. pag. 169    
An Apology of the Treatise, De non temerandis Ecclesiis.  
An Epistle to M. Rich: Carew, concerning Tithes▪ A Treatise of Impropriations by Sir Francis Bigot Knight of Yorkshire.  
An Epistle to the Church of Scotland, prefixed to the second Edition of the first Treatise printed at Edinburgh.    

Errata, & addenda.  

IN the Introduction, pa. 1. oweth, r. only.  
Pag. 17. quinto r. quinque.  
P. 18. Cities, r. Citizens.  
P. 20. Abraham, r. Abel.  
P. 67. T●●tum, r. totum.  
P. 68 quaestorum, r. quaesitorum.  
P. 75. caeduus, r. arduus.  
P. 78. guests, r. gifts.  
P. 82. N. F. r. ut ff..  
P. 115. peret, r. pe●et.  
P. 117. Therumatus, r. Therumahs.  
P. 166. even christian, r. emne christian.   
Some places and quotations are defective in the original, and could not easily be supplied, which the Reader may please to excuse, till further search can be made.  
In the catalogue of Benefactors and Restorers of Impropriations, there is omitted among others,  
The Right honourable Lo: Scudamore, Viscount Slego, who hath very piously restored much to some Vicarages in Herefordshire: whereof yet I cannot relate particulars fully.  
Dr Fell the worthy Dean of Christ-Church in Oxon: (with the consent of the Prebendaries) hath for his short time, since he was Dean, been very careful and pious in this kind, besides great reparations of the decayed and imperfect buildings, and other necessaries of the college: in renewing and granting Leases to the Tenants of Impropriations, he hath reserved a good increase of maintenance to the incumbent Ministers in divers places: and hath put things into a course for the like increase in other Vicarages, as Leases shall happen to be renewed. And much more might have been done, if King Hen. 8. had not taken away the goodly Lands provided for that college by Wolsey, giving Impropriations for them, by which exchange he was a great gainer.  
New College, Magdalen Coll: and Queens Coll: have done the like upon their Impropriations, and some others have made augmentations also, whereof the particulars shall appear hereafter, upon perfect information.   

The Introduction.  
GOD hath created all things for his glory; 
Prov. 16. 4. for himself. Esay. 43. 7.  and must be glorified by them, all in general, and by every of them in particular. The celebration of this his glory, he hath committed in heaven to the Angels, in Earth unto Man. Yea the devils declare his glory, and Hell itself roareth it forth. For this purpose he hath assigned unto man the circuit of the whole earth, to be the stage of this Action, and the place of his habitation, whilst it is in hand. He hath delivered 
Wisd. 9 2. Ecclus. 17. 2.  unto him the wealth and furniture thereof, to be the materials for performing of it: and the means of his maintenance in the mean season. And lest he should want leisure, and opportunity sufficient for so great a business, he hath commanded the heavens themselves, the Sun, the Moon, the Stars, yea the whole frame of Nature, to attend 
Deut. 4. 19  upon him, to apply their sweet influence unto him: to assist him in all his endeavours, and to measure him out a large portion of time and life for the full accomplishing 
Ecclus. 17. 2.  of this right noble most glorious Vocation.  
It is a rule in Philosophy, that Beneficium requirit officium. And we are taught by the law of nature, that he which receiveth a benefit oweth to his benefactor, Honour, Faith, and Service, according to the proportion of the benefit received. Upon this rule was the ancient law not only of England, but of other Nations also, grounded, that compelled every man that had Lands, or tenements of the gift of another to hold them of his Donor, and to do him fealty and service for them, (that is, to faithful unto him, and to yield him some kind of vassalage) though no such matter were once mentioned between them; Yea at this day, if the King give Lands to any man without expressing a tenure, the Donee shall not only hold them of him, but he shall hold them by the greatest and heaviest service, viz. Knights service in Capite. But God knowing the heart of man, and seeing that man was like those husbandmen in the Gospel, which having the possession of the Vineyard, forgot their Lord of whom they received it; he thought not fit in wisdom to leave the rights and services due unto him in respect of this his signory and donation unto the mutable construction of Law and Reason: but hath expressly declared in his written word in what sort man shall enjoy and hold these his infinite benefits. Therefore since our own reason hath taught us, that we owe no less unto our earthly benefactors than Homage, Fealty, & some honorary and subsidiary rent for the Lands and tenements we receive of them; much more effectually must the same reason teach us, that we owe a far larger proportion of all these unto God, of whom besides our essence and creation we have received such innumerable blessings.  
But as ●●d is a Prince full of all royal munificence and bounty, so i● he likewise of all abundance & riches: therefore ●●●●●ther needeth nor requireth anything of all that we possess, as a subsidiary rent wherewith to enrich his coffers, or support his estate, but as an honorary tribute towards the magnifying of his goodness, and the expressing of our own thankfulness. This▪ to be short, is the sum of all religion. Therefore whilst David with admirable strains of divine meditations flieth through the contemplation of all the glorious works of God, and of our duty to him in respect thereof, he breaketh out in every passage of his Psalms with variety of acclamations and invitations to stir us up to glorify God, not only inwardly by the spirit, but outwardly also, in, and by, and with all worldly things and means whatsoever. And not knowing how or where to contain himself in this his passion of most blessed zeal, he runneth at last, as he were wild with it, and closeth up his Psalter, with Psalm upon Psalm, six or seven together, one upon the neck of another, only to quicken and enforce our sluggish disposition to a work of so great consequence and necessity.  
It almost carrieth me from my purpose; but to return to myself, let us see in what way we must glorify God with these external things that we have thus received from him, and that is, as before we have showed, in the same steps that the rules and maxims of his own law have prescribed. viz.  
First, that we shall do unto him Homage, that is, true 
1.  and faithful service. For it is written; Him only shalt thou serve.  
Secondly, that we shall be faithful unto him, as becometh 
2.  true tenants, that is, not to adhere to his enemies, the world, the flesh, and the devil, as conspiring with them, or suffering them to subtract, or encroach upon any part of that, which belongeth to God our Lord paramount.  
Thirdly, that we shall pay duly unto him, all rights, and 
3.  duties, that belong unto his signory: for it is written, Give unto God that that is Gods. And again; Give the Lord the honour due unto his name, etc. Psal. 29. 1.  
For all which we must be accomptants at the great Audit: and there lies a special writ of Praecipe in that case; Red rationem villicationis tuae, Give an account how thou hast carried thyself in this thy business, that is, this his service committed to thee.  
But omitting to handle the first and second of these great Reservations, I have undertaken the last, viz. de reddendis Dei Deo, of ren dring that unto God that is Gods. And in this I humbly beseech his blessed hand to be with me, and guide me, for whose only sake and honour I have adventured to leave the shore I crept by in my former book, and now as with full sails to launch forth into the deep, upon so dangerous and uncertain adventure.  
Amen.   

Of TITHES.  

CAP. I. What things be due unto God.  
THat that is to be rendered unto God for his honour, out of temporal things granted by him unto man, are by his word declared to be some particular portions of the same things.  
The things granted unto man be of three sorts, viz.  
First, the time measured out unto him for this life.  
Secondly, the place allotted to him for his habitation.  
Thirdly, the benefits and blessings assigned to him for his sustenance. Out of every of these, God must have his honorary part, as by way of reservation and retribution, in right of his signory. Let us then see what those parts are, and how they grow due unto him.  
Touching the first, which is the Time of our life: he hath out thereof reserved to himself, the seaventh part; for it is written, six days shalt thou labour, and do all that thou hast to do, but the seaventh day is the sabbath of the Lord thy God. What other time soever we employ privately and particularly in his worship, this must generally be performed, and kept both by ourselves and our very cattle, for if every creature groan with us, Rom. 8. 22. it is also just, that they rejoice with us sometime. But though God be much wronged in this kind, as well as in other his rights, yet since it is confessed of all parts to be due unto him, by the express Canon of his word, I will not meddle with it any farther: only I desire that the abusing of it were severely punished, or at least in such sort as the Laws have appointed.   

CAP. II. The second kind of tribute that we are to render unto God, i. a portion of our Land.  
THe second thing that God hath given unto man is a place for his residence, and that is the earth in general, and to every nation and family a part thereof in particular. The earth hath he given to the children of men: Psal. 115. 16. But as he reserved a portion of the time of our life for the celebration of his honour, so hath he also reserved a portion out of the place of our residence. For in Ezek. 45. he commandeth the children of Israel, and in them all the nations of the world, that when they come to inhabit the land he giveth them, they must divide it into three parts, one for the people, another for the King, but the first for God himself. God must have Enetiam partem, as the Lawyers term it, the part of the eldest, or first borne; for the tribe of the Levi (that is, his Priests and Ministers) are called to be the first borne of his people.  
Therefore he saith, When ye shall divide the Land for inheritance, ye shall offer an oblation to the Lord, an holy portion of the Land. Ezek. 45. And by and by he declareth how it shall be employed, one part to the building of the house of God, and the other part for the Priests and Ministers to dwell on. And this is no levitical precept, but an institution of the Law of nature; and in performance of the duty that he was tied unto by this Law, Jacob when he was poor, and had not wherewithal to build God an house, yet he sanctified a portion of ground, (when God had blessed him) to that purpose, by erecting a stone and pouring oil on the head thereof, calling the place Bethel, that is, the house of God, and vowing to build it, when God should bless and make him able to do it: Gen. 28. 22. which as Josephus testifieth, Antiq. lib. 1. cap. 27. he afterwards performed. And as God commanded the whole Nation of the Israelites in general, that in laying out the chief City, they should first assign a place unto God for his Temple & Priests: So likewise he commanded every Tribe thereof in particular, that after they had their portion in the division of the Land, they should likewise out of the same assign unto the Levites Cities to dwell in, with a circuit, or suburbs of a thousand cubits round about to keep their cattle in. Command the children of Israel that they give unto the Levites of the inheritance of their possessions Cities to dwell in: ye shall also give unto the Levites the suburbs of the Cities round about: so they shall have the Cities to dwell in, and the suburbs shall be for their cattle, and for their substance, and for their beasts: And the suburbs of the City, which ye shall give unto the Levites from the wall outward shall be a thousand cubits round about. Numb. 35. 2, 3, 4.  
In execution of this Commandment every Tribe of Israel allotted certain Cities to the Levites, out of their portion, according to the quantity thereof: as appeareth, Jos. 21. 41. The whole Land of promise according as St. Hierom layeth it out in his Epistle to Dardanus, Tom. 3. 68 containeth in length from Dan to Bersabe scarce 160. miles, and in breadth from Joppa to Bethlem 46. miles. A small portion of ground for a Kingdom so famous; and so small indeed, as St. Hierom there saith, that he is ashamed to tell the breadth of it, lest it should give occasion to the heathen to blaspheme, or deride it: yet out of this small territory (not so much as the principality of Wales with the Marches) forty eight walled Cities (more than are in all England, as I take it) were assigned only for their Clergy to dwell upon: their maintenance, and revenues being otherwise provided generally through the whole Kingdom by Tithes, oblations, and other devotions of their brethren. So that it is apparent both by the Law of God, and Nature, that God must have one portion of our Lands to build him an house on, that is, his Churches, and another portion thereof for the habitation of his Levites, that is, his Ministers.   

CAP. III. That the portion of Land assigned to God must be sufficient for the habitation of the Minister.  
THough the portion of Land, thus to be rendered to God for his Ministers, be not certain, yet is it thus far determined, that it must be answerable to the necessity of the service, and to the number of the Levites; that is, there must be Churches sufficient for the congregations; and habitations sufficient for the Ministers and their families to dwell upon, with pasture convenient for their domestical cattle. They must not be pulled from God with secular care, and therefore their maintenance is appointed to arise by other means then by tilling the Earth; but their habitation as befitteth students, and men of contemplative life must be under their own command, and solitary. But what, should the portion of the fruits of the earth assigned them for their maintenance be certain, as namely the tenth part; and not the portion of Land also allotted for their habitation? I answer, that as the people increase, so also the fruit of the earth increaseth with them, by their industry and labour; and therefore as the Levites increase in number, so do the rest of the Tribes; and by reason thereof there is a greater increase of Tithe toward the maintenance of the Levite: for the labour of ten men yieldeth more profit than the labour of five. But when the Levites were enclosed within walls, and confined with immutable bounds, this circuit in reason could not always be sufficient for them; And therefore being so increased as their Cities might not contain them, they must of necessity have new places of habitation provided for them. For in such cases God gave a general rule to the people, Deut. 12. 19 Beware that thou forsake not the Levite as long as thou livest in the Land. And the people of the Jews in this necessity did not forsake the Levites, for before the transmigration to Babylon, (which was about 840. years after) the levitical Cities (as appeareth, 1 Chron. cap. 6. and cap. 9 1. were grown to be about sixty eight, viz. twenty more than were appointed by Josua. They might not enlarge the bounds prescribed to their Cities, but they might increase the number of the Cities, as the number of the Levites increased, and necessity required. The reason is, they might not add house to house, and field to field, lest growing great in earthly possessions they should forget God, who had otherwise provided for them, then by manuring the earth; but if they wanted habitations, they might then seek for new Cities, and the care of the people was to provide them for them. One Levite might not have more than sufficient for his habitation, but if the Cities appointed were not sufficient to yield an habitation for every Levite, then might they assign new Cities to that purpose.   

CAP. IU. That Christ released not the portion due to God out of our Lands.  
THe possession of Lands is ex jure humano, but the earth is the Lords ex jure divino. Therefore when he granted the earth to the children of men, and reserved a portion thereof for his service and Ministers, this part thus reserved is in him and his Ministers ex jure divino. In this right Christ calleth the Temple the house of God, and saith also, My house shall be an house of prayer. And St. Paul saith; Despise ye the house of God? So that, 
1 Crr. 11. 22.  doubtless, God must have houses for his service in all places where we inhabit. But Christ had not whereon to lay his head, Mat. 8. 20. Luke 9 18. therefore the Ministers must have no houses provided for them: for the disciple is not above his master. Christ indeed had not whereon to lay his head: for he came to his own, and his own received him not. But doth this prove that Ministers should neither have nests in the air like birds, nor holes in the ground like foxes? Did not he that made the Vineyard in the Gospel, build a tower in it for them that dressed it? So likewise must the Ministers that attend upon the Vineyard of the Church, have their habitations in it. St. Paul appointed it so, when he commandeth us to render a portion unto them, 〈◊〉, of all the good things, Gal. 5. 6. How have they a part in all, if they want it, in the chiefest of all, that is, in our habitations? Again he commandeth that they should be Hospitales, Goodhouskeepers; how should they be so, if they have no houses to keep? John Baptist lived in the wilderness; it is true, and he was commended for it. Christ did not so, though he frequented the fields, yet in that he gave no Commandment that his disciples should follow him; for he appointed them to remain in other men's houses. What? that they should go sojourn where they listed? The Commandment hath nothing to the contrary; but the meaning is thereby apparent, they must have habitations provided for them, or else, shake off the dust of your feet against them, Mat. 10. 14. as much as to say, let them be accursed. So then our Saviour hath not repealed the Law of providing for the Levites, unto his Ministers: He could not give them Cities to possess, for his kingdom was not of this world. But he appointed them to such places, as themselves should choose among the children of the Gospel. Doth this differ from the Commandment of providing Cities for the Levites? Doubtless, no: for as the Logicians say, Conveniunt in eodemtertio. They agree in this, that the Ministers must have habitations provided for them, as well in the Gospel, as the Levites had under the Law. Oh, but they must have no inheritance among their brethren, for the Lord is their portion. Numb. 18. 24. It is true, the Lord hath communicated with them his own portion, viz. his tithes and his offerings, as he did with the Levites; therefore as the Levites had no share in the division of the Land, so our Ministers must have no share with us in tilling the Land, & matters of husbandry, for they are called from secular cares to spiritual contemplation; but after the Israelites had their shares in the Land they yielded portions to the Levites for their convenient residence, and so must we for our Ministers. And so still the conclusion is, they must be provided for. Which, to shut up the matter, is invincibly ratified by our Saviour himself, who in sending forth his disciples would not suffer them to take the least implements of sustenance with them, because he would put them absolutely upon the care and charge of the congregation, alleging a Maxim of the moral Law for warranty thereof, that the labourer is worthy of his hire. Mat. 10. 10. And therefore into whose house soever you enter, stay there. Mat. 10. 11.   

CAP. V. What part in reason, and by direction of Nature might seem fittest for God.  
It being agreed that some part by the Law of Nature is due unto God out of all the time of our life, and the goods that we possess, it is now to be examined how far this Law of nature or reason may lead us to the discovery of that part or portion. For which purpose we must for a while lay aside Canonical Divinity, I mean the Scriptures, and suppose ourselves to live in the ages before the Law was given, that is, in the time of nature. And then let us propose this question to the Sages of that world, and see what answer we are like to receive from them. And first touching this question, What portion of our time or goods were sittest for God.  
It is like they would have considered the matter in this manner. That God hath not any need either of our time, or goods, and that therefore he requireth them not in tanto, that is, to have so much, and no less. But on our parts it is our duty to yield unto him as much in quanto as we can conveniently for bear over and besides our necessary maintenance. So that as Bracton saith of Hyde, that tenants are to yield unto their Lords, it must be honorarium Domino, and not grave tenenti, so much as the Lord may be honoured by it, and the tenant not oppressed; wherein if a second, third, or fourth part be too much, so a twentieth or thirtieth seem also too little. As God therefore desireth but an honorary part, not a pressory: so reason should direct us to give him that part, wherein his own nature with the respects aforesaid is most properly expressed; for the maxim, or axiom which our Saviour alleged, Date Deo quae Dei sunt, give unto God the things that are Gods, is grounded on the Moral law originally; and therefore examining among numbers which of them are most proper, and resembling the nature of God, we shall find that seven and ten above all other perform this mystery, and that therefore they are most especially to be chosen thereunto; therefore God in the Creation of the world following the light of nature, choosed the seventh part of the age thereof, as Philo Judaeus in his Book De fabricatione mundi, pag. 36. hath with singular and profound observations declared.  
And because it may be demanded hereupon, why he should not by the same reason have the seventh part of our goods also; I answer, that as touching the time of our life, he giveth that unto us of his own bounty, merely without any industry on our part: so that whether we sleep, or wake, labour, or play, the allowance thereof that he maketh unto us, runneth on of its own accord; and therefore we owe him the greater retribution out thereof, as having it without labour or charge. But as for the fruits of the earth we have them partly by our own labour, though chiefly by his bounty; and therefore he therein requireth his part, as it were with deduction or allowance of our charges, seeking another number be fitting the same.  
The first place in Scripture wherein a Priest is mentioned is Gen. 14. 18. where Melchisedek is said to be the Priest of the most high God; there also are tithes spoken of, and paid unto him, v. 20. Abraham gave him tithes of all.  
The first place also, where an House of God, or Church, is spoken of, is Gen. 28. 18, & 22. there also are tithes mentioned and vowed unto God, even by that very name whereby Parish Churches upon their first Institution in the Primitive Church were also styled, that is, by the name of Tituli, Gen. 28. 22. Lapis iste quem posui in titulum erit Domus Dei, & omne quod dederis mihi decimas prorsus dabo tibi; wherein it seemeth the Primitive Church at that time followed the translation then in use: for Damasus in the life of Euaristus Bishop of Rome, Anno 112. saith, Hic titulos in urbe Roma divisit Presbyteris, Tom. Concil. 1. pag. 106. And speaking 
Edit. 1606.  after of Dionysius, who lived Anno 260. he saith,— Presbyteris Ecclesias divisit, & coemeteria, Parochiasque & Dioeceses constituit. Tom. Concil. 1. pag. 206. Thus Church and Tithe went together in their first Institution.  
If there be no mention after of Tithes in the Scripture till the time of Moses, that is no reason to exclude them, for so also is there not of any House of God, or Priest: yet no man will deny, but both are necessary, and therefore let them also say, whether they be ex Jure divino; I mean Churches and Priests before the Law and Gospel.   

CAP. VI Concerning the Revenue and maintenance of the Church in her infancy, first in Christ's time, then in the Apostles, by a communion of all things, and submitting all to the Apostles; as in the Churches of Jerusalem, Alexandria, Rome, and Africa. How the Clergy had their allowance given them, weekly, or monthly, per sportulas, in baskets. De jure sportularum, concerning those baskets and the manner of them. When Lands were first given. The Church goods distributed by the Bishops and Officers under them. The liberality of Constantine and other Emperors. The piety and charity of the Clergy in spending their goods and means.  
Whilst the Church was in her foundation, she had no other maintenance, than the poor private purse of our Saviour, supported only by the alms and contribution of his poor Disciples and followers; for as himself had no house to live in, so had 
Joh. 12. 6.  he no rents to live on: being therefore often in want, he was constrained sometimes to use the power of his Godhead to supply the necessities of his Manhood, and to call the fish of the sea to aid him with money miraculously, Mat. 17. 27. while the beasts of the Land withheld their devotion from him unnaturally; but whatsoever it was that his Godhead blessed his Manhood withal, he divided it, as appear in the Gospel of Saint John, 13. 29. into two parts; one for the sustenance of his family, the other for relief of the poor. Touching the part assigned to his family, it was not curious, nor superfluous, no not at the great feast of Easter, when others were so sumptuous, and profuse, his rule was then, to buy the things they had need of. And touching the provision of his house at other times, we have twice an Inventory taken of it, once in Matth. 14. 17. where it was found to be but five loaves and two fishes; yea, barley loaves: another time, Mat. 15. 34. but seven 
Mar. 6. 38. Luk. 9 13. Joh. 6. 9  loaves and a few little fishes, for himself and his whole household; twelve Apostles in ordinary, besides some servants, and a multitude of Disciples hanging upon him extraordinarily. All the beasts of the forest were his, and so were the cattle upon a thousand hills, yet read we not that he once killed so much as a Calf, for the provision of his family: for flesh could not be had but for money, and money going always low with him, he used such kind of victuals especially, as might always be supplied unto him by the industry of his Disciples from the common storehouse of nature, the sea, without being beholding or burdensome to any man.  
In this frugality lived our Saviour touching his household expense, that there might be the greater remanet for the poor: and from this model of the Church in his poor family, was the great frame of the Universal Church first devised, as well for raising, as disposing of her Revenues; the means of raising them, from the oblations and devotion of the people: the manner of employment of them, for the necessity only of the Minister and poor. Thus much doth Augustine also declare upon the place alleged out of Saint John, Tractat. 62. Habebat Dominus loculos, etc. Our Lord had his treasury 
Dist. 12. 9 1. ●abe●at.  or bag, wherein he kept the things that were offered by the faithful, and did distribute them to his family and such other as had need: then first was the form of Church government instituted.  
The Apostles following our Saviour exactly, would not be rich servants of a poor master, nor owners of any thing, when their Lord himself possessed nothing: holding it therefore not fit for them, aut in imis consistere, sed nec in mediis, they reached at the highest garland of perfection: and because their master had said, Let him that will be perfect, sell all that he hath, and give to the poor; whatsoever was their own, and whatsoever was given them by others, they cast it all into the common treasury, disposing it by their master's example to two uses only, Hospitality and Alms, or works of charity; in their hospitality they provided for the whole family of the Church then living with them at Jerusalem, (out of which arose the great business of serving the Tables, spoken of in the Acts) all of them jointly caring for every man in particular, and every man particularly applying himself to support the general. Their alms and part assigned to them in necessity, they dispersed fully and faithfully, not only to the poor of their own Town, City, or Country, but wheresoever through the world the members of Christ had need.  
And so careful they were in employing these things to the highest benefit and honour of the church, that Paul choosed rather to live in want, and earn his sustenance with his fingers, then to diminish this blessed portion, by taking his due share out of it. Yea, the only thing that the Apostles gave so precisely in charge one unto the other, was in every passage, that they should remember the poor, Gal. 2. 10. Act. 11. 36. 2 Cor. 9 3. as the bowels of Christ, the darlings of the Church, and those whom God especially had chosen to be rich in faith, and heirs of the kingdom, Jam. 2. 5.  
With this mortar (I mean this blessed theological work of charity, which S. Paul so highly extolleth above all other) did our Saviour lay the first stones in the foundation of his Church, and with it (to hold uniformity) did the Apostles build the second course, commending the pattern to be for ever after pursued throughout all ages: for whatsoever is built without it, is like stones laid without mortar, which cannot therefore couple together, and grow into an holy Temple in the Lord, as is required, Eph. 2. 21.  
In the succeeding Church founded by Saint Mark, (the Disciple of Saint Peter) at Alexandria in Egypt, the same rule (used before by the Apostles at Jerusalem) was 
Hi●ron. in vita Marci.  so precisely established, that he thereby drew all Christians to follow his example; insomuch that Philo Judaeus, a famous Author of that time, reporteth that not only there, but in many other Provinces the Christians lived together in societies, and he calleth even then their habitations 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Monasteries: saying, that none among them possessed any thing to his private use; no man was rich, no man poor, but all divided their substance to them in necessity; disposing themselves 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. temperantia, continentia, mo●estia.  wholly to Prayer, singing of Psalms, to matter of doctrine, and to temperance.  
Come lower down. Dionysius Corinthius in an Epistle to Soter Bishop of Rome, in the year of Christ, 170. congratulateth with him, that the Church of Rome still continued her ancient use in dispersing her goods in works of charity. It is now grown to be an ancient custom with you, to bestow many benefits upon all the brethren of the Church, and to send maintenance to the Churches in every City: so that thereby you do not only relieve the necessity of the poor, but of the brethren also which are condemned to the slavery of the metal Mynes, and by this benevolence of yours, which now you have used to send into all places, even from the first Plantation of your Church, yourselves being Romans, have diligently preserved the Romans custom instituted by the Fathers; which also your Bishop, the blessed Soter, hath hitherto kept very diligently; and by his laborious industry wonderfully advanced: not only in distributing lovingly unto the Saints the goods ordained to their maintenance: but like a merciful and mild father towards his children, in exhorting the brethren (which come unto him) to virtue by blessed and devout persuasions. I report this place at large, for that this use continued exactly in the Church, as Eusebius reciting it affirmeth, till the great persecution under Maximinian, and Dioclesian, which began about the year of our Lord, 304.) being the age wherein Eusebius himself lived, as he there also testifieth, lib. 4. cap. 22.  
And that it was not thus in Rome only, but in Africa and other Churches, it appeareth plainly by Tertullian in Apologet. cap. 39 where upbraiding the Gentiles with the piety and devotion of Christians, he saith, Etiam si quid arcae genus est, etc. whatsoever we have in the treasury of our Churches is not raised by taxation, as though we put men to ransom their Religion; but every man that will, once a month, or when it pleaseth himself, bestoweth what he things good, and not without he listeth; for no man is compelled, but left freely to his own discretion. That which is given, is accounted as Depositum pietatis, the pledge of devotion; for it is not bestowed in banqueting, quaffing, or gluttony, but in nourishing and burying the poor, and upon children destitute both of parents and maintenance, aged and feeble persons, men wracked by sea, and such as are damned to the metal mines, banished into Islands, or cast into prison, professing the true God, and the Christian faith.  
I might thus pass over the first 300. years of the Church, but I desire to make it more apparent how the Clergy of those times lived as well for conversation, as for maintenance. The times (to tell the truth) were such as had not been from the very creation: Times wherein God opened the windows of persecution, and reigned blood upon his Church, as he did water upon the world in the days of Noah; and as in the planting of the Law, he scourged the enemies of his people with ten famous plagues, so now in the founding of the Gospel he tried his children with ten grievous persecutions; by reason whereof the Clergy then aspired so generally to the crown of martyrdom, that they prepared their bodies to this sacrifice by the austerest rules of conversation that they could devise, contemning all worldly pleasure, all curiosity of meat, drink, apparel, sustenance and necessities, wasting their flesh with abstinence, fasting, thin clothing, going sometimes barefoot, denying all things to every sense, that it particularly delighted in, applying themselves wholly to Prayer and Preaching, to support and enlarge the Gospel; and to be short, to do the work of God's Vineyard faithfully in all things and laboriously, as appeareth abundantly in Eusebius, Nicephorus, Socrates, Ruffinus, and other ancient Ecclesiastical Authors. These are they of whom the world was not worthy, these gained every man his ten talents, and sit now in the first seats of heaven, next unto the throne of the Lamb.  
Touching their maintenance, the means thereof arise chiefly (as appeareth by Tertullian, Origen, Cyprian, and others) out of the oblations of the people, benevolences, first-fruits, tithes, etc. which being continually offered at the Altar, or brought into the treasury of the Church, were one while employed in common to the diet and necessities of the brethren and Clergy, but at length distributed by portions, first, weekly, as it seemeth by a decree of Pius the first, Bishop of Rome, in the year of our Lord, 158. after monthly, as appeareth by an Epistle of Cyprian ad clerum, lib. 4. Epist. 5. to every Priest particularly. The manner how this was performed, appeareth not sufficiently in the Authors of those times; but I will recite the places in their own obscurities; first, touching that assigned to Pius, Tom. Con. 1. pag. 125. 
In vita Pii.  Col. 6. Vt de oblationibus quae offeruntur à populo, & consecrationibus quae supersunt, vel de panibus, quos deferunt fideles ad ecclesiam, vel certè de suis: Presbyter convenienter partes incisas habeat in vase nitido, & convenienti, ut post missarum solennia, qui communicare non fuerunt parati, Eulogias omni die Dominico, & in diebus festis exinde accipiant, quae cum benedictione prius faciat. Ex codice quinto librorum, lib. 2. c. 117.  
And Cyprian in the place above cited, p. 126. Caeterum Presbyterii honorem designasse nos illis jam sciatis, ut et sportulis iisdem cum Presbtyeris honorentur, & divisiones mensurae aequalis quantitatibus partiantur: whereby it appeareth that the Priests at this time (which was about the year 240.) had every man his allowance delivered monthly per sportulas; that is, by baskets, whereupon they were called fratres sportulantes, basket-brethrens, or brethren that lived on the basket; and it may be that some understanding the words, as we now use them for an alms basket, could be contented that the Ministers lived in like manner at this day. To deliver therefore that sacred and most honourable profession from such base imputation, I hold it necessary to say something of this jus sportularum.  
Sportula, is sometimes used generally for every basket, sometimes particularly for a Market basket, or pannier, and because the use among the Romans was to cast their Market money into this basket, therefore that very money, and the Market meat itself also was called sportula.  
Besides it is taken for a vessel, a place, a portion, or provision of victuals.  
So Sportula Salutatoria, or Salutantium, was a basket, or mess of meat that the great men of Rome by way of congratulation do give to the Cities which came to visit them. Martial. lib. 1. Ep. ad Flaccum.  

Dat Bajana mihi quadrantes sportula centum,  
Inter delicias quid facit ista fames?   
And these great men had at the entry of their houses a place of purpose for keeping this kind of provision, to bestow on their friends; which place was thereupon also called sportula, which juvenal seemeth to aim at under the name of limen primum, satire. 1.— Sportula primo  Limine parva sedet, turbae rapienda togatae. 
But expressly in his third satire.  Nun vides quanto celebratur sportula fumo? 
Sportula publica, was a like distribution made upon some notable occasion by the Senate and Emperors of Rome, to the people in lieu of the solemn feast formerly bestowed on them: which allowances being afterwards too niggardly abridged, Domitian (as Suetonius in his life, cap. 7. reporteth) sportulas publicas sustulit, revocata coenarum rectarum consuetudine, which Martial also remembreth in an Epigram to Domitian l. 8.  

Grandia pollicitus quanto major a dedisti?  
Promissa est nobis sportula, Recta data est.   
Sportula nuptialis, signified the wedding feast or provision; Coelius Rhodiginus Antiq. lect. l. 28. c. 24. apud Apuleium sportulas legimus nuptiales, quip (inquit) ita placuerat, insuburbana villa potius ut conjungeremur, ne cives denuò ad sportulam convolarent.  
Sportula convivalis is described also by Coelius, lib. 27. cap. 24. Eranon (inquit est) quod pluribus differtum occumbentibus sit; sed ita ut ferat sibi unusquisque quod edat, quod etiam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, dicebatur, id est, sportula. Sportula opipara, I may term that which is mentioned by Tully in his Epistles, Famil. lib. 9 Ep. 20. Dediscendae tibi sunt sportellae & artologani, where some interpret sportellae, for those meats, quae secundis mensis numerantur, dishes of the second course, and greatest dainties.  
So that sportula presbyteria was no base thing, but an honourable congiary, or portion of victuals distributed to the Clergy, whether by the basket, as the word signifieth, or in vase nitido, as Pius appointed it; And thus much doth the very place alleged out of Cyprian intreat, where he saith, sportulis idem cum presbyter is honorentur.  
What this sportula contained I cannot declare, but Alexand. ab Alexand. Genial. dier. lib. 5. cap. 24. speaking of the Roman sportula publica saith, In qua frequens obsonium panis, oleum, & porcina caro dari solita est, absque vino; and Domitius in his Comment. on the first satire. of juvenal, much more fully, ex sportula omnia sibi coemebant, que & ad victum & ad cultum pertinerent. So that, sportula presbyteria, seemeth to be then a Cornu copia, that ministered unto the Clergy all things they had need of, as well for clothing, and other necessaries, as for sustenance. For no doubt the people of God did at this time, not only according to the precept of the Apostle, make the Ministers of the Word partakers of all their goods; but as Abraham did also to Melchisedek present unto them, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the very top and chiefest part thereof, following Abraham in offering the fat, and abhorring to give the carrion things unto God, like the sacrifice of Cain.  
And that it may be no disgrace to the honourable Ministers of the Church to live thus, ex sportula, let me note by the way that the Kings and Princes of the world are likewise said to live ex sportula; for their Exchequer or Treasury hath thereupon the name of Fiscus: which word as appeareth by Ascanius, is all one with sportula. Fisci, fiscinae, fiscellae (saith he) sportea sunt 
Strigelius in leg. lib. 2. pag. 307.  utensilia ad majoris summae pecunias capiendas, unde quia major summa est pecuniae publicae quam privatae, factum est ut fiscus pro pecunia publica & inde confiscare dicatur; a little before he saith, Sportae, sportulae, sportellae, munerum sunt receptacula; And let me also remember that in the Eastern Empire, the Master of the Storehouse and Wardrobe, as well Palatine, as Ecclesiastical, was called, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, a Canistro, 
Codin. p. 5. Suidas.  vel Sportula.  
Touching Lands, though the Churches at this time had little, yet were they not altogether without any, as appeareth partly by that which Eusebius reporteth of Paulus Samosatenus, that under Aurelian the Emperor (i. e. about the year 274.) he wrongfully invaded an house belonging to the Church of Antioch. But more amply by the edict of Licinius, and Constantine, where it 
Apud Euseb. l. 10. ca 5.  is expressly commanded that all Lands and places which belonged to the Christians, as well for their public use, as in their private possession, that had been taken from them in the persecution of Dioclesian, should be restored to them. Platina saith, that Vrbane Bishop of Rome, anno 227. first instituted, that the Church might receive Lands and possessions offered by the faithful, and then showeth to what end she might enjoy them, namely, that the Revenues thereof should be distributed by portions to every man, and that no man should have them to his particular benefit. Vrbane himself in the Decretal Epistle attributed unto him, affirmeth this usage to be more ancient, saying also, that the Bishops within their Diocese, and other faithful persons (appointed by them) both did and ought to distribute these Revenues in manner before mentioned; adding further that they were called the oblations of the faithful, for that they were offered unto God, and that they ought not to be otherwise employed then to Ecclesiastical uses, the relief of Christian brethren, living together in common, and of the poor people▪ for that they are the vows of the faithful, the price of sin, the patrimony of the poor, and delivered over unto the Lord for the performance of this work. Many account this Epistle Apocryphal, I will therefore strengthen it with the opinion of Origen a Father of those times, who in his 16. Homily upon Genesis, disputeth it to be utterly unlawful for the Ministers of the Gospel to possess any Lands, (to their own use, for so I understand him) confessing himself not to be faultless herein; and therefore exhorting others to join with him in Reformation thereof, he saith, Festinemus transire à sacerdotibus Pharaonis, let us make haste to depart from the Priests of Pharaoh, who enjoy earthly possessions, to the Priests of the Lord, who have no portion in earth, for that the Lord is their portion, fol. 26. col. 3. And to show to what end the Church enjoyeth her goods, and in what manner they ought to be divided amongst her Ministers and poor children, in his 31. Homily upon Matthew he saith— Opus habemus ut fideles simus pariter & prudentes ad dispensandos ecclesiae reditus, etc. It behoveth us to be faithful in disposing the rents of the Church. Faithful, that we ourselves devour not those things which belong unto the widows, and that we be mindful of the poor; and because it is written, The Lord hath appointed that they which preach the Gospel, should live 
1 Cor. 9 14.  of the Gospel; that we therefore take not occasion to seek more for ourselves then our simple diet, and necessary apparel: retaining a greater portion to ourselves then that we give to the brethren that are hungry and thirsty, and naked, and which suffer necessity in secular affairs. Discreet: as to minister to every man his portion, according to his rank and dignity; remembering that which is said, Blessed is he which considereth the poor and needy, Psal. 41. for it is not sufficient for us, simply to give away the goods of the Church; so to keep ourselves clear from devouring or stealing of them, but we must wisely consider every man's necessity; how he falleth into it, what his dignity is, how he came by it, how much he needeth, and for what cause he needeth it. We must not therefore deal alike with them which were pinched, and hardly brought up in their infancy, and with them who being nourished delicately and plentifully are now fallen into necessity. Neither must we minister the same things to men and to women, nor like quantity to old men, and young men; nor to sickly young men that are not able to earn their living, and those 〈◊〉 have somewhat of their own to maintain themselves withal. It must also be considered whether they have many children; and whether those children be idle, or industrious; and how far forth they are insufficient to provide for themselves: to be short, there is great wisdom required in him that would well dispose the Revenues of the Church, and that by being a faithful and discreet disposer he may become an happy man. Thus far Origen; to which purpose Cyprian also in his Epistle to Eucratius, lib. 1. Epist. 10. showeth that the Church maintained many poor, and that her own diet was frugalioribus & innocentibus cibis, sparing and plain, and all her expense, sumptibus parcioribus quidem sed salutaribus, full of frugality, but sufficient for health.  
The persons by whom this distribution of Church goods was made, were chiefly the Bishops (as appeareth by the former Epistle of Vrbane) and Deacons appointed under them as in the times of the Apostles, Acts ●. Therefore Origen in his 16. Homily upon Matthew, fol. 31. col. 4. taxing the unfaithful Deacons saith, Diaconi autem, etc. But the Deacons which govern not well the tables of the Ecclesiastical money, (that is, the goods and Revenues of the Church) but do always purloin them, not distributing that which they give according unto judgement; and so become rich by that which belongeth unto the poor; they are the Exchangers whose Tables Christ will overthrow. For the Apostles in their Acts teach us, that the Deacons are Governors of the Tables of Ecclesiastical moneys, (or Revenues) etc. and again after,— unusquisque diaconorum. Every one of the Deacons which gather wealth to themselves by defrauding the poor, let them now so understand this Scripture, that they gather no more, lest the Lord cometh upon them, and overthrow the Tables of their distribution.  
Thus much touching the use of Church goods in the first age of the Church, or first 300. years of Christ: whereby it plainly appeareth, that no Ecclesiastical person enjoyed any thing belonging to the Church to his own benefit; but that the Churchmen had out of the Revenues and goods of the Church, so much only as sufficed for their necessary maintenance in meat, drink, cloth, and such like: the surplusage being faithfully employed to the relief of the poor, the needy, the widows, persons banished for Religion, or imprisoned, Captives, and Christians any way distressed. So that the Church exposing all this while the dugs of her piety unto others, did live herself on thistles, and thorns, that is, in want, necessity, and professed poverty.  
When the flood of persecution had prevailed as many years against the Church in the time of the Gospel, as that of waters did days against the wicked in the time of Noah; and that Constantine like the Dove of the Ark had brought the olive branch of peace unto the people of God: the Church then began to smell the sweet savour of rest, and changing presently her disposition with her fortune, changed also the very policy of her government: before in poverty, now in riches; before a servant, now a Mistress; before a Captive, now a Conqueror. For the noble Constantine being miraculously converted to the faith, did not only free her from persecution, but settled her also in the very bosom of peace, raised her to honours, endowed her with possessions, established her with immunities; and to be short, poured upon her the fullness of his regal munificence. Insomuch, that many prudent Fathers foreseeing then another evil likely to proceed from hence; as namely, that her plenty might make her wanton, and forgetful of her duty, began now to dispute whether it were lawful for her to accept lands and Temporalties, or not: Some alleged that the examples of our Saviour and his Apostles bound them to contemn the world, and to live in a strict and Stoic kind of poverty. Others conceived that course to be but temporal, and like a medicinal diet prescribed by Physicians to their patients in sickness only, not in health: affirming the time to be now come, when it pleased God to crown the long-suffering of his Church, with the blessings promised in the tenth of Mark, v. 29. 31. That since they had forsaken house, and brethren, and sisters, and father, and mother, and wife, and children, and lands for Christ's sake and the Gospel; they should receive an hundred fold now at this present, with their persecutions, and in the world to come eternal life. I will not argue this point, but letting pass the Schoolmen, will rest myself upon the determination of many ancient Counsels, Fathers, and Doctors of the Church, who with one consent conclude affirmatively, that the Church may hold them.  
And I think their opinion to be of God, for that it hath prevailed these 1500. years against all the enemies thereof, though the Kites of Satan have pulled many a plume from it.  
To return to Constantine; though he and others by his example did abundantly enrich the Church, yet did not the Churchmen take these riches to the benefit of themselves, and their families, but employed them as before to works of charity. Yea, Silvester himself, though the sea of these things flowed into his bosom, and were at his pleasure, yet took he as sparingly of them, as if he had been but a little pitcher, suffering the whole streams thereof to run abundantly amongst the children of the church, and poor people, as did also the other Fathers, Priests, and Clergy of that time, who reckoned not otherwise of riches then as dung, which being spread and scattered in the fields of God, might make them the more fertile. For the resolution than was (as in the age before) that no Churchman might take Lands to his private use, nor the Church herself otherwise then for works of charity, and the necessary sustenance of her Ministers, not to make stocks or portions for them in earth, whose inheritance was in heaven, and that had God himself fortheir portion. Therefore Prosper a godly Father of that time, whose authority 
Lib. 21. de vita Contemplativa.  is often used in the Council of Aquisgrane, disputing the point, concludeth it thus; If every Minister of the Church have not a Living, the Church doth not provide one for him in this world, but helpeth him with things necessary, that he may receive the reward of his labour in the world to come, resting in this life upon the promise of our Saviour. To which purpose he applieth the place in the 1 Cor. 9 14. What is it to live of the Gospel, but that the labourer should receive his necessaries from the place wherein he laboureth? And a little before him, Hierome also in his Book De vita Monach. Cler. instituenda— saith, If I be the Lords part and 
Epist. ad Nepotianum.  the lot of his inheritance, not having a part amongst the rest of the Tribes; but as a Levite and Priest do live of tithes, and serving at the Altar, am sustained by the offerings of the Altar: having victuals and clothing, I will be contented herewith, and being otherwise naked, will follow the naked cross. So in his Book De Co. virginitatis, having reproved the curiosity of some Clerks of that time, he saith also, Habentes victum & vestitum his contenti sumus: for as Ambrose saith upon Esay 1. Tom. 2. In officio clericatus lucrum non pecuniarum, sed acquiritur animarum. In the function of a Clegy-man the gain of money is not to be sought, but the gain of souls.  
All these are but particular opinions of some Western Fathers: hear now therefore the determination of the Eastern church assembled in the Council of Antioch, Anno 340. cap. 25. Episcopus Ecclesiasticarum rerum habeat potestatem, ad dispensandum erga omnes qui indigent, cum summa reverentia, & timore Dei; participet autem & ipse, quibus indiget, tam in suis, quam in fratrum qui ab eo suscipiuntur, necessariis usibus, profuturis, ita ut in nullo qualibet occasione fraudentur, juxta sanctum Apostolum sic dicentem, Habentes victum & tegumentum his contenti sumus. Quòd si contentus istis minime fuerit, convertat autem res ecclesiae in suos usus domesticos, & ejus commoda vel agrorum fructus, non cum Presbyterorum conscientia, diaconorumque pertractet, sed horum potestatem domesticis suis, aut propinquis, aut fratribus, filiisque committat, ut per hujusmodi personas occultè caeterae laedantur ecclesiae, Synodo provinciae poenas iste persolvat. Si autem & aliter accusetur Episcopus, aut Presbyteri, qui cum ipso sunt, quòd ea quae pertinent ad ecclesiam, vel ex agris, vel ex alia qualibet Ecclesiastica facultate sibimet usurpent, ita ut ex hoc afsligantur quidem pauperes, criminationi verò, & blasphemiis tam sermo praedicationis, quam hi qui dispensant, taliter exponantur, & hos oportet corrigi, sancta Synodo, id quod condecet, approbante.  
Prosper proceedeth further, and will not suffer that a Minister able to live of himself should participate any thing of Church goods. Nec illi qui sua possidentes, etc. For saith he, They which have of their own, and yet desire to have somewhat given them of that whereon the poor should live, do not receive it without great sin. The holy Ghost speaking of Clerks (or Clergymen) saith, They eat the sins of my people. But as they which have nothing of their own, receive the food they have need of, and not the sins: so they which have of their own receive not the food (which they abound with) but the sins of other men.  
Therefore though the Council of Antioch, An. 340. Can. 25. ordained that the Bishops might distribute the Church goods, yet would it not suffer them to take any portion thereof to the use of themselves, or of the Priests and brethren that lived with them, unless necessity did justly require it, using the words of the Apostle, 1 Tim. 6. 8. habentes victum & tegumentum his contenti sumus; having food and raiment let us be therewith contented. And decreed further, that if the Bishops should not be satisfied, but did employ any goods of the Church, to their kindred, brethren, or children, they should answer it at the next Synod. So likewise touching Priests, as the words subsequent imply: and as Achilles Statius expoundeth it, pag. 14. for the Priests at that time had nothing but by the assignment of the Bishops: and if the Bishops themselves might take no more then only for their necessity, we may easily judge what the inferior Clergy might do.  
But Gregory looking upon 2 Thess. 3. 7, 8. where it is said, You ought to follow us, we take no bread of any man for nought; and that he which will not work, should not eat: applieth these to the Clergy, and concludeth that though such kind of Ministers have never so much need, yet they must not participate the food of their function or Church Revenues; for saith he, Pensemus cujus damnationis sit, etc. let us think with ourselves how great damnation it is to receive the reward of labour without labour. Behold, we (the Clergy) live of the oblations of the faithful; but what? do we labour to get the goods and cattle of the faithful? do we take those things for our wages which the faithful have offered for the redemption of their sins; and do we not earnestly labour as we ought to do, against those sins, by industry of prayer and preaching?  
For the next Ages of the church, what the Author 
Note.  intended further will be supplied by himself in the 20. chap. following, collecting out of divers Counsels several canons touching tithes: but for our own church of England he doth abundantly express himself in his first Tome of our English Counsels; out of which see the collections here following, cap. 27. and much also may be observed out of Mr Selden in his History, c. 6. where he showeth when Tithes began to be commanded by Laws and Synods, and withal giveth the reason out of Agobardus a very learned Bishop of Lions (as he truly saith of him) why Counsels did not at first make canons touching Tithes and gifts to the church: which Agobardus speaketh touching general Counsels; but Provincial Counsels did frequently command them, as will appear by the collections following here, cap. 20. Agobardus words are considerable, in his Book De dispensatione contra sacrilegos, p. 176. Jam verò de donandis rebus & ordinandis ecclesiis, nihil unquam in Synodis constitutum est, nihil à sanctis patribus publicè praedicatum: nulla enim compulit necessitas, fervente ubique religiosa devotione, & amore illustrandi ecclesias ultro aestuante, etc.  
Concerning giving of goods, and endowing of churches, nothing hath ever been decreed in Counsels, nothing publicly promulgated by the holy Fathers, for no necessity required it, the religious devotion, and love of beautifying the churches every where abounding of their own accord. At first religious 
Acts 4. 34, 35.  christians sold all their lands, goods, houses, and possessions, laying down the money at the Apostles feet, Acts 2. 45. and long after the Apostles time devotion and zeal in this kind was so fervent, that there was no need of laws, but when this zeal began to wax cold in the next Ages following, than laws and canons were made more carefully for Tithes and maintenance.  
Many Kings and Princes also were so pious and careful, that the full tenth should be paid, that they made several laws to pay a ninth part, that so they might be sure to pay more rather then less than a tenth: Ex propensiori in Deum animo ultra decimas, nonas dabant pii: As this Author proveth by very many laws alleged in his learned Glossary, which shall be produced in due place and time: and cap. 11. here following prudently observeth: How many things in the beginning both of the Law and Gospel, were admitted, and omitted for the present, and reform afterward: for when the Law was given, the wheels thereof could not presently fall into their course; and so likewise in the New Testament, the Apostles themselves are compelled to many necessities, and to suffer many things which were reform afterwards.  
To which discourse I leave the Reader, who may thence receive satisfaction, why laws and canons for Tithes and maintenance were not made in the first Ages so exactly and carefully as afterwards they were enacted both by Temporal and Ecclesiastical powers.  
But as others also observe for succeeding times; Churches and Tithes were both miserably overthrown and lost in most of these Western parts of the Empire, by the Invasion of the barbarous people, Huns, Goths, and Vandals, upon the Christian world, who first invading Italy under the Emperor Justinian, did miserably spoil and harrow the Country, persecuted the Clergy, pulled down Churches, robbed Bishops, and Colleges, overthrew schools of learning, and committed all sorts of wickedness: and afterwards they set their face against France, where to oppose them Charles Martell would not encounter, unless the inferior Clergy would yield up their Tithes into his hands to pay his Armies and Soldiers: for which sacrilege he is infamous in the public Histories to this day, especially because he did not restore the Tithes to the Clergy, according to his solemn promise, after God had blessed him with good success, killing many thousands in one great battle. This fact of Martell was done about the year 660. Chr. and no redress of it till the Council of Lateran, near five hundred years after, Anno 1189. under Alexander the third; and this was the first violence that ever Tithes suffered in the Christian world, after they left the Land of Jewry and came to inhabit among Christians. But by that foot of Charles Martell it appears, that the Clergy in his time did hold and receive Tithes, and doubtless by virtue of laws and canons made in former times, (witness the Council of Mascon, Anno 586.) and not so late as about the year 800. which some do pretend. For that Council of Mascon, Can. 5. doth affirm, and take them as due by authority and laws of ancient times, and also by the Word of God, and that they were paid by the whole multitude of Christians. So the words of the Canon are expressly. Leges divinae consulentes sacerdotibus ac ministris ecclesiarum pro haereditaria portione omni populo praeceperunt decimas fructuum suorum,— quas leges Christianorum congeries long is temporibus custodivit intemeratas.  
Here is no small testimony as well of ancient practice in paying of them, as of great opinion, for their being due; saith M. Selden, ca 5. § 5. and so Spelman, ca 18. infra.  
So also the phrase used in the fourth Council of Arles. Vt Ecclesiae antiquitus constitutae nec decimis, nec ulla possessione priventur; and other Provincials of that time, and Laws of Charlemagne agree with it, saith Mr Selden; and those phrases must needs refer back to ancient times. So Boniface an Englishman, Bishop of Ments, in an Epistle to Cuthbert Archbishop of Canterbury (Spelman Concil. p. 241.) speaketh of some negligent and unworthy Ministers that did receive Tithes and profits, but did not carefully perform their duties: whereby it appears that Tithes were then paid, though some unworthy men received them. And though the original right be due to God himself, yet because he hath assigned over his right to the Priests in the old Law, and now to the Ministers of the Gospel, therefore they are to be paid to the Priest or Minister; for he is the Steward of God's house, and in this point no man must respect what condition he is of: for the debt is due to his Master, not to himself; so that whether he be good or bad, what condition soever he be of, he standeth or falleth to his own Master, as Spelman showeth, Cap. 14.   

CAP. VII. That the service of the Levites was clear altered from the first institution, yet they enjoyed their Tithes.  
THere be two sorts of levitical service: the first instituted by Moses about the Tabernacle, Num. 1. The second by David about the Temple. In the first the Levites were appointed over the Tabernacle and the instruments thereof to bear it, to take it down, and set it up, Num. 50. 51. to serve Aaron and his sons, and to do the service of the Tabernacle, and keep the instruments thereof, Numb. 3. 6, 7, 8.  
The Levites that belonged to this service in general were 8580. men, between the age of 30. and 50. years, and the chiefest occasion of their service was upon the removing of the host: for better ordering whereof, it was divided amongst them into three parts.  

The 1. to the Kohathites, Numb. 3.  
The 2. to the Gershomites.  
The 3. to the Merarites.   
First, the Kohathites were 2750. men, and their office 
1.  was about the Sanctuary, Numb. 4. 36. or Holiest of all, Num. 4. 4. under the government of Eleazar the Priest, Numb. 3. 32. to bear the Ark of the testimony, and all the instruments of the Sanctuary. The covering vail, (which divided the Sanctuary and the Holiest of all) the Table of shewbread, the dishes, the incense, the incesecups, the goblets, and cover to cover it with, and the bread that shall be thereon continually, v. 7. the 
Num. 4.  Candlestick, with the Lamps, Snuffers, Snuffe-dishes, and the oil Vessels thereunto belonging, v. 9 the golden Altar for incense, v. 11. and the instruments wherewith they minister in the Sanctuary, v. 12. The Altar (of burnt-offering) with the instruments thereof which they occupy about it, viz. the censers, the fleshhooks, and the basons, (even) all the instruments of the Altar, v. 14. But these being the holiest things, were to be taken down and trussed up by the Priests, some of them in blue silk, some in scarlet, some in purple cloth, all in badgers skins, and the bars and carriages to be put to them by the Priests, as is prescribed, Numb. 4. and then the Cohathites came and bore them away, but touch them they might not lest they die, v. 15. nor see them when they were folded up, v. 20. and Aaron was to appoint what part every man should bear, v. 19  
The Gershomites were 2630. men, Num. 4. 40. under 
2.  the hand of Ithamar the Priest, the other son of Aaron. Their office was to bear the curtains of the Tabernacle, and the Tabernacle of the congregation, his covering and the covering of badgers skins, that is on high upon it, and the vail of the door of the Tabernacle of the Congregation, v. 25. the curtain also of the Court which is near the Tabernacle and near the Altar round about, with their cords and all the instruments for their service, and all that is made for them, v. 26. Aaron to appoint every man his charge, v. 27. and watch, v. 28.  
The Merarites were 3200. men, v. 44. under Ithamar 
3.  also, and they had in charge the boards of the Tabernacle 
Exod. 26. 15.  with the bars thereof, and his pillars, and his sockets, v. 31. And the pillars round about the Court, with their sockets, and their pins, and their cords with all their instruments, even for all their service, to be reckoned by name (or Inventory) and the instruments of their office and charge, v. 32. Exod. 4. and Exod. ca 3.  
This was the office and charge of the Levites as they were simply Levites, and not Priests also: and for their service in this kind, were they judged worthy of the Tithes of all Israel. But when Solomon had builded the Temple and there settled the Ark, the Altars, and all the holy implements, this business of theirs was merely at an end: for those holy things were now no more to be carried up and down. David therefore foreseeing it, transposed the Levites to new offices; before they were Levites of the Tabernacle; now he maketh some of them Levites of the Temple, and other Provincial Levites: according to which is the speech that Josiah useth to the Levites: Put the holy Ark in the house which Solomon the son of David King of Israel did build; it shall be no more a burden upon your shoulders; serve now the Lord your God, and his people Israel, 2 Chron. 35. 3.  § 1. Of the Levites of the Temple. 
The Levites of the Temple were those that served about the Temple, and were (as I say) instituted by David, but inducted by Solomon. David's bloody hands might not build the Temple of peace, 1 Chron. 22. 8. he prepared the treasure and stuff for the building, the men and the manner for the order of the service, (ib. v. 14. c. seq.) but Solomon performed the work. The Levites of the Temple were of two sorts, one Levites and Priests, the other Levites only: In the function of the Priests, he changed little save the place of their service, not the manner; before they served in the Sanctuary of the Tabernacle, now he removeth them to the Sanctuary of the Temple.  
But to avoid confusion (because the posterity of Aaron was by this time (that is, in 600. years) exceedingly multiplied) he divided the Priests into 24. ranks or courses, according to the names of their families, as you may read, 1 Chron. 24. 7. appointing them their turns and times of attendance, which as it seemeth, 2 Chron. 23. 8. (and as 
* Praecepit eyes ●● unaquaeque generatio ministraret Deo per dies octo, à Sabbatho usque ad Sabbathum. Joseph. Antiq. l. 7. cap. 15. p. 389.  Josephus explaineth it) was from one sabbath to another, therefore the Greek translation calleth these turns or courses, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which Theophylact saith is, hebdomia, a week: Hereupon Zacharias is said to be of the rank or course of Abiah (which was the 8. rank) and to execute the Priest's office, and burn incense as his turn came, Luke 1.  
The other Levites of the Temple; that is, those that were simply Levites and not Priests; namely, such as descended not of the line of Aaron, he divided into 3. parts: one to be singers; another to be porters, and take the charge of the gates of the Temple; the third to be keepers of the Treasury.  
The singers to be divided as the Priests, into 24. ranks or courses; The porters into 5. parts, one part to every of the 4. gates of the Temple, and the fifth to Asuppim, i. e. the Council-house.  
Their Treasury was generally committed to one as the chief, but under him, to 2. sorts of other officers, one to keep the Treasures of the house of the Lord, (that is, that were given to the maintenance of the Temple) v. 22. and the other to keep the dedicated things, v. 26 & 28. But I find that the Treasury was divided into 3. parts: one called Mesark, wherein were laid up donaria principum, the gifts of Kings and Princes; the second Corban, in which were donaria sacerdotum, the offerings of the Priests; and the third Gazophylacium, pro donariis transeuntium, for the offerings of the people in general, into which it seemeth the poor widow cast her mite. 
* Eos verò qui erant de germine Mosis, eminentiùs honoravit; fecit eos autē custodes thesaurorum Dei, atque vasorum quae reges Deo dicare contigerit. Antiq. l. 7. c. 15. pag. 390.  Josephus saith that with this office of the Treasury, as the most eminent, David honoured the offspring of Moses.  § 2. Of the Provincial Levites. 
The Provincial Levites are those whom he severed from the Temple, and placed abroad in the Country to be rulers over the people, both in matters pertaining to God, and the affairs of the King, that is, spiritually and temporally; some to be Judges, some to be other Officers in the Commonwealth: 1700. of them he set on the Westside of Jordan, and 2700. on the East-side, chief Fathers, and all worthy men, Chron. 26. 30. & 32. Josephus counteth the Levites of this kind with 
judices autem populi & scribas eorum 6000. Antiq. l. 7. c. 15. p. 389.  their Scribes, as he calleth them, to be 6000. whereby it appeareth that the sect of the Scribes belonged to the Judges.  
Thus David made a new form of the service of the Levites, far differing from the first: yet the Tithes appointed to the first, remained over to the second sort: and those that meddled not with the Temple and holy things, namely, the Provincial Levites, had their part in the Tithe as well as the Templar Levites; and therefore as the alteration of the service, whereto they were first ordained, took not away the wages allotted to them: so the second alteration of their service, namely, this of the Gospel, ought not to take from the Levites thereof, our Ministers, the Tithe before paid to the two former kind of Levites; I mean them of the Tabernacle, and of the Temple. The Templar Levites were delivered from bearing the burden of the Tabernacle, and yet had the Tithes; therefore the Levites of the Gospel must have their Tithes, though they be delivered from bearing the burden of the Law, and ceremonies thereof.  
Though this distinction of Templar and Provincial 
Note.  Levites may seem new to some men, yet it is plainly grounded upon the Text, and is very material to be observed for many purposes. At first whiles the number of the Levites and Priests was not very great, they all attended at the Tabernacle at Shilo, first, or elsewhere: But when the Temple was built by Solomon, and that Tribe greatly increased, they attended by courses, (which was before designed by David, 1 Chron. 23, etc.) and then it fell out but one week in an half year to each to attend at the Temple: for the Priests being divided into 24. courses, and so likewise the Levites into 24. no course could come oftener about, then once in 24. months, or a week in every half year, which indeed was their usage, as Josephus showeth; and so Scaliger and Salianus, with other accurate Chronologers.  
Now the whole Tribe being so mightily increased in David's time, as that there were 38. thousand Levites besides the Priests, 1 Chron. 23. 3. Magnus sanè numerus pro isto populo, ut facilè intelligas multos ornatui magis serviisse quam necessitati: as Grotius there saith.  
Therefore God employed them for many uses more than to attend at the Temple: some were designed for other employments in the Commonwealth, and they applied other studies, as being the chief men for nobility and dignity, and also for learning and knowledge in that Commonwealth.  
Cum pingue haberent otium, non tantum omnia legis, sed & medicinae, aliarumque artium diligentes ediscebant, ut & Aegyptii s●●erdotes, ideoque primis seculis, ex illis, ut eruditioribus Senatus 70. virûm legi maxime solebat. Grotius in Deut. 17.  
There was no other Academy or School then in the whole world, but at the Temple among them, where the knowledge of God's law, or learning in any kind could be gained: The administration of law and justice throughout the kingdom depended on them principally; for God made his covenant with Levi of life and peace. The law of truth was in his mouth. The Priest's lips should preserve knowledge, and they should seek the law at his mouth: Mal. 2. 5, 6, 7. and so Ezek. 44. 23. They shall teach my people the difference between the holy and profane, and cause them to discern between the unclean and the clean: and in controversy they shall stand in judgement, & they shall judge according to my judgements: and they shall keep my laws, and my statutes in all mine assemblies: they being the principal Judges and Lawyers in that Commonwealth of Gods own constitution. And whereas it is now granted on all hands, than there was 3. Courts of Justice in that kingdom; 1. the great Council of 70. Elders; 2. the Court of Judgement consisting of 23. 3. the Court of three, or some few more: the Priests and Levites were principal men, both Judges and Officers in all Courts, Scophtim & Schoterim, as 1 Chron. 23. 4. both to give sentence and judgement, and also to execute the same: so the Divines do affirm also in their late Annotations, upon 1 Chron. 26. 29, 30. and 2 Chron. 19 8. 11. They did study the Judicial and Politic laws, and had power to see the law of God, and injunctions of the King to be observed, and to order divine and humane affairs. And they held also other honourable offices: for we 
1 Chron. 26. 14  read that Zechariah a Levite was a wise Counsellor. And Benaiah a Priest, son of Jehoiada, was one of David's 
1 Chron. 27. 5.  twelve Captains, being the third Captain of the Host for the third month: and in his course consisting of 2400. was his son Amizabad: Benaiah was also one 
1 Chron. 11. 22  of David's principal Worthies, having the name among the three Mighties. He was also Captain of the guard to David, and after the death of Joab, he was made Lord General of the Host, by King Solomon, in Joabs' room, 1 Kings 2. 35.  
And because some have doubted whether they were employed in the administration of justice, it is more clearly of late evinced then formerly hath been: for besides Sigonius, Bertram, Casaubon, Moulin, and divers others, the learned Hugo Grotius, in his Annotations upon Matthew, cap. 5. 21. hath very accurately proved it out of the Text, Josephus, & Philo, and other monuments of the Jews (whose testimonies at large I cannot now recite) that there was no distinction, nor division of the Courts of Justice, the one Ecclesiastical, the other Civil, but the Courts were united, and the Priests and Levites, the principal Judges and officers in every Court, to whom the people were to be obedient upon pain of death, Deut. 17. 12. they being appointed to hear every cause between blood and blood, between plea and plea, and between stroke and stroke, being matters of controversy within thy gates; and as our Lawyers call them, Pleas of the Crown, and Common pleas, or whatsoever else did arise among them. The Provincial Levites were especially appointed to the Courts of Justice, and also the Templar Levites, when they had performed their courses, (and went home to their own houses) being but one week in half a year, were at very good leisure to assist the people in every Tribe, where their Cities were allotted to them, in governing, ruling, and directing in all matters pertaining to God and the King, 1 Chron. 26. 30. 32. for which purpose God did scatter them in every Tribe, and turned the curse of Jacob into a singular blessing, to be divided in Jacob, and scattered in Israel, 
Gen. 49. 7.  appointing 1700. to be on the westside Jordan, and 2700. on the East-side.  
The ancient frame of our Commonwealth, for 500 years before the Conquest, was thus disposed and governed, as this learned Author showeth fully in his Glossary and Counsels; and happy had it been if things had so continued still: but now the law being otherwise settled, and the Courts divided, it is not safe, or easy to make alteration.  
Comes praesidebat foro Comitatus, non solus, sed adjunctus Episcopo; hic ut jus divinum, ille ut humanum diceret; alterque alteri auxilio esset & consilio: praesertim Episcopus Comiti, nam in hunc illi animadvertere saepe licuit & errantem cohibere: idem igitur utrique territorium, & jurisdictionis terminus: Glossar. Spelman.  
The Bishop and Earl of the County were joint Magistrates in every Shire, and did assist each other in all causes and Courts; and so Mr Selden in his History, cap. 14. § 1. By this means there was great union and harmony between all Judges and Officers, whereas there is now great contention for jurisdiction, and intolerable clashing in all Courts, by injunctions, prohibitions, consultations, and cross orders to the great vexation of the clients and subjects.  
The division of Courts seems to have proceeded first from Pope Nicholas 1. as is mentioned in Gratian, Can. cum ad verum 96. dist. about 200. years before the Conquest, which was imitated here by William the Conqueror, whose statute is recited and illustrated by Spelman in his Glossary and Counsels, and lately also published by Lord Cook, lib. 4. Institutes, cap. 52. But the further proof hereof will require more than this place, or occasion will bear: only thus much was necessary to be mentioned and asserted in regard of explication and reference to many passages in this book, and also other parts of his works, which perhaps are not obvious, or well observed by every common Reader. Vide Glossar. Domini Spelman. in diatribis de Comite; de Gemottis; de Hundredo, etc. & Concilia passim.   

CAP. VIII. The great account made of Priests in the old Law, and before.  
PRiesthood is of 3. sorts. 1. That before the Law. 2. That of the Law. 3. This of the Gospel. The first belonged to the Gentiles, the second to them of the Circumcision, the third to us under grace. The third came in lieu of the second, and the second rise out of the first, which was from the beginning, and the work of nature: for as Origen saith, natural wisdom required 
Erant ni●ilominus ea tempestate sacrdotes, nec dum adhuc à lege ordinati, sed naturali s●p●entia h●s requirente & perficien●e. l. 11. in job p. 2.  and established it: Abel and Cain, before the Priest's office, by the instinct of nature, not by commandment, when each of them sacrificed, or made an oblation unto the Lord, Gen. 4. 4. their outward senses reported to them continually the great mercies that God had showed unto them: and their inward taught them presently, that they must be thankful, and what course was fittest to express their thankfulness; namely, to honour him that gave all, with somewhat of his own; I say to honour him with it, not to reward him: therefore both of them (as it is said in Gen.) offered of their fruits; Cain like a churl, his fruits simply, that is, his ordinary and lean stuff: but Abel like a Prince, his first-fruits, that is, his best fruits, namely, the fat, etc. Gen. 4. 3, 4. Thus was Priesthood instituted, corrupted, and reform even in the beginning. Cain (for aught that here appeareth to the contrary) began it, and likewise corrupted it; Abel continued, and reform it: but some rather think (and so saith Hugo) that Adam taught it to his children: and this to me seemeth more likely, that the 
In Gen. 4. 3.  better function should be derived from the better man, and not from the bloody mind of murdering Cain.  
From this fountain it ran under ground (I mean unspoken of) till the time of Noah, and then breaking forth again, did show itself more perspicuously in his person, for he not only offered an oblation, which he learned of his Ancestors, but offered it also upon an Altar, which he taught his successors.  
By this example of Noah, the exercise of sacrificing grew common (no doubt) with the people of that time, and after in the confusion of languages to be dispersed through all Nations, who losing their original faith with their original tongue, and falling so to idolatry, applied this holy function to the worship of idols and devils. Amongst which, notwithstanding, (as here and there an ear of wheat, in a field of thistles) God had his servants, who from time to time, and age to age, traducing this holy mystery (as sacred fire) to posterity, kept it ever in the original integrity. Besides the regal Priest Melchisedek, such were Abraham and Job, whom though the Scripture entitleth not with that name, yet it testifieth that they used the function, which seemeth then to be ordinarily, though the Scripture mentioneth it not; for young Isaac could talk of the fire, and wood, and ask where the Lamb was for the burnt-offering, Gen. 22. before Abraham had made the sacrifice there spoken of. But Abraham being first a Gentile, and after the Author of Circumcision, brought the mystery of sacrificing, and thereby of Priesthood) from the 
V● non Gentes ex Iudaeis, sed Iudaei ex Gentibus sacerdotium acceperint. Ep. ad Euagrium. Tom. 3. p. 38.  Gentiles to them of the Circumcision; so that (saith Jerome) the Gentiles received not Priesthood from the Jews, but the Jews from the Gentiles.   

CAP. IX. When our Saviour commanded that the Disciples should take nothing with them, but live on the charges of the faithful; this bound not the Disciples perpetually.  
When our Saviour prescribed his Disciples to take nothing with them, but to live at the charge of them into whose houses they entered; this was a law to bind the faithful to provide for the Minister, but not to bind the Minister to live so, and no otherwise; for though at this time he commanded them to take no scrip with them, (that is, no necessaries) yet after he saith; But now he that hath a scrip let him take it, Luke 22. 36. So likewise he willed them to salute no man, yet it was not his meaning, that afterwards they should be so uncourteous. If this had been a legal commandment to the Disciples, than might they not vary from it, nor live in any other sort without sin. But Paul and Barnabas left this course of maintenance and lived upon the labour of their hands, therefore this was no binding commandment, but as a Charter of liberty and power granted to the Disciples. They might both use and exact it, if they would, or they might discedere de jure, and leave it if they listed. S. Paul, 1 Cor. 9 largely handleth this point, and concludeth it to the purpose we allege: So (saith he) the Lord ordained that they who preach the Gospel should live of the Gospel, v. 14. But I (quoth he) have used none of these things, neither write I these things, that it should (thus) be done unto me, v. 15. By which words, saith S. Austin, it appeareth that our Lord commanded not in such sort, as they 
Tom. 4. 99  which preached the Gospel, might not live otherwise then by that that was ministered unto them by them to whom they preached it: for then (saith he) the Apostle did against this commandment, that got his living with the labour of his hands, lest he should be chargeable to any. But our Lord (saith he) gave them power to do it (if they would) that thereby they might know that these things were due unto them. And again, a little after he addeth these words; therefore when the Apostle saith, That our Lord so ordained, but for his part he used it not, he showeth manifestly, that power was given them to use it, (if they would) but no necessity imposed of doing it, (if they would not.)  
And from this distinction is the reconcilement drawn of these two places in Scripture, which otherwise seem contrary, Mat. 10. 10. and Luke 9 3. say both, that our Lord commanded that the Disciples should not take, no not a staff with them: but Mark 6. 8. reporteth it, Nothing save a staff only. Saint Augustine 
August. de Consens. Eu. Tom. 4. 100 a.  therefore in the first place understandeth it literally, not so much as a staff to stay or uphold them: but in the second place figuratively, for power and authority, as if the speech had been, Take no kind of necessaries with you, no not so much as a staff to stay you, save only the staff of authority that I now give you.  
And in that our Saviour left these things to the choice of the Disciples and Ministers, he made them Lords and freemen, for necessity imposeth bondage; Therefore Paul and Barnabas showed not only their freedom in not using that that lay in their power, but the nobleness of their mind also that would depend upon no body; and hereby we must not judge them to have no right to tithes, because they omitted them also.   

CAP. X. That many things in the beginning both of the Law and the Gospel were admitted, or omitted, for the present, or reform afterward.  
AS Painters in the beginning of their work, use rude colours, and unperfect lines, for their present direction; so in all great mutations, many things are for the present admitted, or omitted, which future time shall have just occasion to reform. This in humane actions is so common, as needeth no instance: but insomuch as the holy rites themselves are not free from it, neither in the old, nor new Testament, i● is necessary for the point in hand to show some examples thereof.  
I observe therefore three kinds of alterations, 1. Admission of things prohibited. 2. Omission of things commanded; and 3. Reformation of things established.  
Touching the first point; plurality of wives was forbidden, 
1.  yet after Lamoch had broken this institution, the children of God were permitted also to do it. So likewise was Divorcement: yet Moses tolerated it.  
None might sacrifice in the high places, or under green trees, but only in the Tabernacle, Deut. 12. 2. yet till the building of the Temple, God often accepted it, as of Gedeon.  
The Priests only might eat the shewbread, yet David and his followers did eat it also upon necessity.  
On the other side, things commanded were omitted 
2.  for a time; for when the Law was given, the wheels thereof could not presently fall into their course. Circumcision itself was not used during all the 40. years' travel in the wilderness, and happily had never been revived, if God had not commanded Joshua to circumcise the children of Israel the second time, Jos. 5. 2. Yea, the great ceremonies of sacrifices and oblations slept all that while, the people offered to Idols, and Aaron with them, but from the first sacrifice that Aaron offered, at the entering into the wilderness, Leu. 9 8. etc. not one Altar breathed unto the Lord in 40. years, Amos 5. 26. Even Moses himself was buried in this sleep. How the Passeover and other Feasts were celebrated appeareth not, they are seldom mentioned, and may seem therefore seldom kept. One Passeover at the going out of Egypt, Exod. 12. 11. Another in the wilderness of Sinai, God then reviving that commandment, Numb. 9 1. etc. After by Joshua at Gilgal beyond Jordan, Jos. 3. 10. and from that day till the 18. year of Josias, (that is, above 800. years) all are passed over as obscure, except one in the time of Solomon, 2 Chron. 35. 13. and 2 Kings 23. 2. But I must not conceal that Moses omitteth the History of 36. years' travail in the wilderness, reporting only the punishment of him that gathered sticks on the Sabbath day, Numb. 15. 32. and therefore in that time whether it were kept or not, we can conclude nothing: but it is plain that before Ezekias his days it was so utterly lost, that when he came to renew it, it seemed merely a new thing, 2 Chron. 29. and all this time also, was both the Temple forlorn and shut up, and all the holy rites almost extinguished till he renewed them, ib.  
For the point of Reformation; the Levites were 
3.  by Moses assigned to the Tabernacle; the Priests to the Altar, but both of them confusedly without distinction, and yet so they continued till the time of David: who to reform this confusion, divided them into ranks, allotted a part of the service to every rank, and assigned to them of the ranks times of attendance, and intermission, 1 Chron. 23, 24, 25, 26. cap. upon which it is said that Zacharias was of the course (or rank of Abia) and executed the Priest's office, as his course or turn came in order, Luke 1. 5, & 8.  
Some things also that were never commanded were brought into the old Law afterward, and well accepted, as the act of fasting, and the habit thereof, sackcloth and ashes.  
The brazen Serpent was set up by Gods own commandment, Numb. 21. 6. yet when the people burned incense to it, Ezekias broke it in pieces, 2 Kings 18. 4. without any commandment.  
None might slay the burnt-offerings but the Priests, but when they were too few, and till more were sanctified, the Levites did it, 2 Chron. 29. 34.  
Likewise in the New Testament, the wheels of the Gospel were not by and by in their course. The Apostles themselves are compelled to the same necessities.  
First, to admit many ceremonies abolished, for if they 
1.  struck at them all at once, they drive all the Jews from the doctrine at once; again, if they imposed them upon the Gentiles, the Gentiles repined at the burden: to carry the matter therefore as even as they might, they call a Council, and consulting upon it, they write to the Gentiles, that they purposed not to burden them but with these necessary things, viz. to abstain from things offered unto idols, and blood, and that that is strangled, and from fornication, Acts 15. 29. by which the Gentiles could not complain of being burdened with ceremonies, nor the Jews that their ceremonies were contemned. In like sort Saint James and the Elders at Jerusalem seeing many thousand Jews to believe, and yet to be zealous of the Law, (Act. ●1. 20.) they not only tolerated it for the present, but persuaded Saint Paul (coming thither) to do the like, and further to make a show also that himself observed the law: whereupon as before he had circumcised Timothy in show of keeping the law, Acts 16. 3. so now he also personateth a Nazarite, 
Numb. 6. 8.  he is purified, and he is shaved (as one already) at Cenchrea, Act. 21. 26. and 18. 18.  
Thus the Apostles applied themselves to the necessity of the time, the place, and the persons: thus Paul becometh a Proteus, a Jew to the jews, a Gentile to the Gentiles, weak to the weak, all to all, and all this to gain all them to Christ, 1 Cor. 9 22.  
In the mean while, many things required to the 
2.  establishing of the Church, must needs be omitted; the main matters they uphold unto death, but the secondary and remote dependences they refer to opportunity: therefore they by and by pressed no man with keeping the Lords day, and though themselves began by little and little to sanctify it with breaking of bread, and preaching, Acts 20. 9 1 Cor. 16. 2. yet the first mention of it is above 22. years after the Passion of Christ in Acts 20. 7. and I suppose it to be begun about that time, because I find that till that time the Apostles used the judaical Sabbath, but never after, through all the New Testament; and the reason why they then used it was, for that the greatest Assemblies being on that day in the Temple and Synagogues of the jews▪ therefore they resorted thither, there they preached the Gospel, there they taught the people, as if themselves had celebrated that Sabbath. And as it was long ere they brought in the Lord's day, so in matters more remote and outward, matters belonging to the body, they were less curious; therefore though they laboured hard in the Lord's Vineyard, yet they required no wages of any man. And though Paul prescribed that Bishops should be good housekeepers, yet few or none of them were owners of houses, but rather as fugitives to escape persecution, or as pilgrims to preach the Gospel.  
If the law that was given in a solitary place, to a people 
3.  sequestered from all other, and at union amongst themselves, and having no public nor potent adversary to hinder the course thereof; if they I say, could not preserve it in the original integrity, much more of necessity must the establishment of the Gospel be impeached and turned out of the course thereof, it rising in the midst of the enemies, in the flame of persecution, and with the opposition of the greatest Potentates in every Region. It must therefore have the greater need of sundry Reformations: some of the first lineaments must be wiped out, some altered, & some as occasion served must be added or amended; the judaical ceremonies that for many years together were permitted in the cradle time of the Church, must be taken away: Paul that then suffered them, now suppresseth them, Col. 3. Gal. 3. ca 4. c. 5. and the holy Ghost throughout all the Epistle to the Hebrews, beateth them down for ever.  
Thus as old branches be cut off, so some new be ingraffed; the Lord's day, the Feasts of Easter and Whitsuntide, not spoken of in the beginning, are brought in at length. Deacons are ordained presently after Christ, Act. 6. 2. but no Bishops in 20. years after, nor were they then particularly ascribed every one to his limit, but many together over one City, as at Ephesus, Act. 20. 28. So women at first were admitted to be Deacons, 
Conc. Laodicen. c. 11.  but time afterwards wore them out. Christ commanded his Disciples that they should not go from house to house, but Paul saith, I have taught you openly, and from house to house, Acts 20. 20.  
To conclude, all could not be suddenly done, nor compendiously written, that belonged to the government of the Church, therefore the Apostles left much to the wisdom of the Church, under this general Commission, Let all be done in order, 1 Cor. 14. 40. a few words, but of great extent, like that of the Dictator's at Rome, which being but two words, providere reipub: gave them authority over every thing.   

CAP. XI. That upon the reasons alleged, and other here ensuing, the use of tithing was omitted in Christ's, and the Apostles time; and these reasons are drawn, one ab expedient, the other à necessitate.  
THe greater matters thus quailing as aforesaid, it could not be chosen but things of less importance must also be neglected; especially such as were outward, and concerned only the body, amongst which the use of Tithing was likewise discontinued, both in the Apostles time, and in the first age of the Law, when the great ceremonies of Circumcision, Sacrifice, and Oblations, the Passeover, etc. and many other holy rites were suffered to sleep.  
But some will say, God strictly exacted 
When there shall be a place which the Lord God shall choose to cause his name to dwell there, thither shall you bring all that I command you; your burnt-offerings and your sacrifices, your tithes and the offerings of your hands and all your special vows, which you vow unto the Lord, Deut. 12. 11. these things were not respited till then, but appointed that then also they must be performed; for it is also said, Exod. 12. 21. When ye shall come into the Land which the Lord shall give you,— then ye shall keep this service, i. e. of the Passeover; which was done, jos. 4. 6. but yet I take this to be discharge of it in the mean time. Quaerc.  not these things till the place he had chosen was prepared for them, that is, till the building of the Temple; as it is true in part touching the old Law, so is it likewise true in the new Law: and that therefore Christ and the Apostles exacted not the payment of Tithes in the first pilgrimage and warfare of the Gospel, but referred them amongst some other things till the Church were established; for as Solomon saith, Every thing hath his time, and the time was not yet come, that the Church should demand her own, lest with Martha, she seemed curious about worldly things, rather than as Mary to seek the spiritual.  
When the Kingdom was rend from Saul and given to David, David by and by sought not the Crown, but life and liberty: so the Priesthood being rend from Levi and given to the Church, the Church by and by required not her earthly duties, but as David did life to grow up, and liberty to spread abroad; for love (saith Saint Paul) seeketh not her own, 1 Cor. 13. 5. and should then the mother of all love (the Church) be curious herein, especially when her necessities were otherwise so abundantly supplied?  
Saint Paul maketh it manifest (1 Cor. 9 throughout) where he showeth, that very much liberty, and great matters were due unto him in respect of his Ministry, yet he concludeth, I have not used this power (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) but on the contrary part suffered all things, ibid. v. 12. and again, v. 15. I have used none of all these things; But why did he not use them, since they were due unto him? his reason is, that we (as though he spoke in the name of all the Apostles) should not hinder the Gospel of Christ, ibid. v. 12. But why should the taking of that was due unto him hinder the Gospel? because the malicious backbiters would thereupon report that he rather preached it for gain, then of zeal, and so abased his authority in the Gospel, ib. 18. whereas by this course of taking nothing for his pains, he made it, as he saith, free, ibid. and stopped their mouths. Thus it is evident, that the Apostles not only neglected, but absolutely refused even the things that they certainly knew to belong unto them.  

Another reason why the Apostles received no Tithes, drawn à necessitate.  
The very condition of the Church in the time of the Apostles could not suffer them to receive Tithes; for as the Levites received them not in their travel, and ways, but when they were settled, and the Temple built: so the Apostles being altogether in travel through all parts of the world, and in continual warfare with the enemies of the Gospel, one while in prison, another while in flight, always in persecution, much less could they look after Tithes, which also were not to be paid as they needed them, but at the times and places only, when and where they grew to be due, and ere that time came, they that were to receive them, were in another Country many hundred miles off: for example, the holy Ghost saith that Peter walked through all quarters; Acts 9 32. one while at Lydda, ib. another while at Joppa, ib. v. 36. first at Jerusalem, after at Antioch (in Syria) Gal. 2. 11. then at Babylon in Egypt, 
* Many affirm that he was at Rome. Metaphrastes and some other that he was here in Britannia: Petri igitur muneris erat ut qui jam complures orientis Provincias praedicando evangelium peragrasset, jam (quod reliquum esse videbatur) lustraret orbem occidentalem, & usque ad Britannos (quod tradunt Metaphrastes & alii) Christi sidem annuncians penetraret. Baron. Tom. 1. f. 5 97. l. 13. Metaph. die 29. Junii.  1 Pet. 5. 13. Paul and Barnabas being at Antioch, aforesaid, or sent forth by the holy Ghost, first to Seleucia in Syria, then to Salamis and Paphus in the Isle of Cyprus; after from thence to Perga in Pamphilia, so to the other Antioch in Pisidia, Acts 13. after to Iconium, Lystria, Derbe, the parts of Lycaonia. So again, to Antioch in Syria, thence to Jerusalem, and presently back to the same Antioch, where Paul and Barnabas breaking company, Barnabas with Mark saileth to Cyprus; Paul taking Silas, traveleth through Syria and Cilioia, confirming the Churches. Then he cometh to the Countries of Phrygia, Galatia, Mysia; from whence being called by the holy Ghost, he leaveth Asia, and passeth by Samothracia into Europe; preacheth at Philippi, a City of Macedonia, furthest Northward of all Greece: then back again, and up and down Asia to Jerusalem again, and from thence at length to Rome; Read Acts 13. 14, 15, 16. cap.  
I will not speak of that, Theodoretus, and Sophronius the Patriarch of Jerusalem affirm, that after his first imprisonment at Rome he preached the Gospel to the Britaines our Countrymen, for happily he might do that at Rome. But to come to the rest of the Apostles, Bartholomew (as Jerome witnesseth Catalogue. script. Eccles. Tom. 1.) goeth to the Indians, Thomas to the Medes, Persians, Hyrcanians, and Bactrians, Matthew up and down Aethiopia, every one of them one way or other, to carry the sound of the Gospel through all the world, Psal. 19 I ask now what these men should have done with their Tithes? where they should have placed their Parsonage or Rectory? where their Cellar for their tithe of Wines? where the tithe Barn for the Corn? or if they had had such places, how should they have been defended à fisco? how from the rapine of their persecutors? Our Saviour sending his Disciples but to the neighbour Towns of judaea, would not suffer them to encumber themselves with carrying any thing. And therefore the Apostles had great reason to eschew all impediments in these their turbulent and long peregrinations.    

CAP. XII. That Ministers must have plenty.  
THose that would have Ministers live of alms and benevolence, make their reason, that they must follow the example of Christ and the Apostles; but by the example of Christ and the Apostles they are taught to abound in all works of charity themselves, to feed the hungry, to clothe the naked, lodge the harbourless, etc. and how shall they perform this, living in want? 5000. did Christ feed at one time, Joh. 6. 10. Mat. 14. 21. above 4000 at another time, Mat. 15. 38. and even herein are his Ministers bound to follow him, not in the miracle, but in showing like mercy and compassion: for he saith not, I desire to do a miracle, but I have compassion on this people, Mat. 15. 32. and therefore lest his merciful disposition toward them should be unprofitable (wanting then other means) he chose rather to perform it by a miracle, then to leave it undone; yet to show that all ordinary means must first therein be used, as far as it may be, he neither called for Manna from heaven, nor quails from the sea, (Exo. 16. 13. Numb. 11. 31.) but beginneth the feasts by ordinary means, the one with 5. loaves and 2. fishes, the other with 7. and a few little fishes. In which example of charity and hospitality, the Ministers I say are bound to follow him as far as they can; for the commandment is, Sequere me, Follow thou me, Mark 10. 21. & cap. 5. 27. joh. 21. 19 and if the Minister be not able to follow him for worldly wants (as the Galatians would have given Paul their eyes, so) the Congregation must give him their legs, that is, means and faculty to do it: for the arm of working of miracles is now taken from our mother the Church, and therefore her children must now strengthen her hand the more abundantly to work by ordinary means, that is, they must furnish her with worldly necessaries, whereby she may be enabled to perform these great works of charity required of her.  
Paul commandeth that the Bishops should be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
3 Tim. 3. 2.  hospitales, good housekeepers, and how should they be so, if they have not provision and means to maintain it, and that in a certain manner? for if themselves be fed at the trencher of benevolence, what assurance have they of a dish of meat for their poor brethren? The heavens themselves are unstable; now it raineth, and we have abundance, then cometh drought, and all is in scarcity. The humour of man is as variable; the people of Lystra that made a god of Paul on the one day, stoned him on the other, Acts 14. and in the fiery time itself, when zeal was most inflamed, our Saviour as it seemeth found even then a cooling blast; when for want of ordinary supply he was fain to fetch 20d. by a miracle out of a fishes mouth to serve his need withal, Mat. 17. 27.  
It is merely therefore unfit that Ministers should live upon benevolence and uncertainty: therefore though Christ and the Apostles lived so for the present, yet it is not prescribed as a perpetual law to the succeeding Ministers.   

CAP. XIII. Not to give less than the Tenth.  
IF those that ministered without the vail of the Temple were worthy of the tenth part, how much more deserved they that minister in the Sanctuary? the Levites might not come within the vail, that is, into the first Tabernacle, or holy place, Heb. 9 2. nor meddle with the ceremonies, but did only the outward work and drudgery of the Lords house, as to bear the burdens, prepare the wood, the water, fire, vessels, and instruments for the sacrifice and holy rites, kill, dress, and flay the bullocks and beasts for the burnt sacrifice, yet even in this by the rules of equity they deserved a tenth part of the increase of the Land; yea, the Ministry of the Priests themselves was but in earthly and transitory things, as in types and ceremonies to foreshow a better Testament, yet because their vocation was more honourable than the rest of the Levites, as being called into the Sanctuary, and to perform the holy ceremonies, therefore they received a more honourable portion; for first, they had the Tithe of their brethren the Levites part, that is, the tenth part of the tithe of all the land, which because they were but few in respect of the whole Tribe of the Levites, as not the 40. part perhaps, therefore the allowance of every one of them was much greater than of any other Levite, and yet to increase it, they had the first-fruits, and their portions and fees out of the sacrifice and other offerings, and all these great allowances had they for their service about the earthly Sanctuary, or as it is called in the Epistle to the Hebrews, 9 1. the worldly Tabernacle.  
Come then unto the Ministers and Clergy of our Church, look upon them with the eye of common equity, compare them with the levitical Ministry, what proportion their deserts hold one to the other: surely though it be an axiom of Philosophy, yet it holdeth also in Divinity, that Eadem 〈◊〉 partium quae est totius, there is the same reason of the parts that is of the whole; therefore if the Priesthood of our Saviour be much more excellent than that of Aaeron, & the Ministration of the Gospel, then that of the Law, then much more excellent must the members be of the Gospel, then of the Law. And as their calling is more honourable, so is their charge, as having the care of souls committed to them, for which they must give a stract account: the Levite and the levitical Priest were free thereof, and stood only charged with the performing the ordinary ceremonies, and no further. Their pains much more laborious than the Levites, who neither 
Though the Levite be said, 2 Chron. 25. 3. to teach all Israel, yet it seemeth not that they expounded the Word of God unto the people, or had it in charge so to do, but that they innstructed them how to carry themselves in their sacrifices & ceremonies: therefore Jerome translateth this place, Levitis quoque ad quorum eruditionem omnis Israel sanctificabatur Domino.  were burdened with preaching, nor served any where, but in the Temple at Jerusalem, and not above a week at a time, and notwithstanding had their corrodary, or allowance in the vacation. If then the Levite and Priest of the Law had the tenth part for his entertainment, how much rather is it to be conferred and enlarged upon the Ministers that invest us with spiritual and heavenly blessings; that as I say are called to a more excellent function, and consequently deserve a more excellent reward; that have a great charge committed to them, and consequently much great travel and labour in performance thereof? The Levite traveled only in body, but the Minister of the Gospel ●oth in body and mind: he must not only do the part of the levitical Priest, which is to perform the ordinary service, sacraments, and rites of the Church, like the ox that treadeth out the corn that is brought home, but he must be also like the Dove of the Ark, he must fly about to seek and fetch home to his Parishioners the blessed olive branch of peace. He must be like Solomon's Eagle, whose way is in heaven, there seeking food for his Parishioners: and like that Eagle (that God compareth himself unto, Deut. 32. 11.) that dresseth up her nest, floateth over her birds, stretcheth out her wings, taketh and beareth them upon her wings, (the feeble and sick souls of his Parishioners) always teaching, comforting, strengthening, and confirming them committed to his charge; and thus shall he dearly earn the portion assigned to him.  
Some than will say, this is like Simon Magus, to sell the grace of the holy Ghost. No, Ministers must be no Merchants, they must in no case sell Doves, i. e. the holy Ghost▪ (Christ did drive them out of the Temple) but the people must be just; piety, justice, and the law of nature requireth that every man render a reward to the labourer, not only according to his labour, but with respect of his function, and the quality of his person; the Minister must not sell the breath of his mouth, but he may sell the sweat of his brows, he may not sell his doctrine, but he may take reward for his travel. It is God's commandment to Adam's posterity, In the sweat of thy face shalt thou eat bread, Gen. 3. 19 much precious sweat do many worthy Ministers distil for us in their function, which God no doubt putteth up in his bottle, and therefore they must have bread for it: much labour in reading, writing, watching, studying, preaching, and praying, many pined and wasted herewith; for much reading (the holy Ghost saith it) is awearinesse to the flesh, and willeth man to take heed of it, Eccles. 12. 12. and therefore if there were no more in it but so, a worthy reward is due unto them; but besides this, they minister unto us spiritual things, that is, things inestimable: and is it much than if we return them temporal things? And though sometimes there may be found amongst them, such as Judas among the twelve Apostles, and in all ages some unworthy of that sacred calling, they being subject to humane frailties, yet tithes are not to be denied, because they are due originally to God, who assigned them over to the Levites in the old Testament; for he saith, I have given them to them, Num. 18. 24. the tithes of the children of Israel I have given to the Levites; and in the new Testament to the Ministers of the Gospel, for they that preach the Gospel, must live of the Gospel; they are therefore to be paid to the Priest, or Minister, for he is the steward of God's house, and in this point we are not to respect what condition he is of, for the debt is due to his Master, not to himself: so that whether he be good or bad, what condition soever he be of, he standeth or falleth to his own Master.   

CAP. XIV. The Etymology, and definition of Tithe; and why a tenth rather then any other part is to be paid.  
DEcimae, and decumae, in the plural number; or decima, and decuma, in the singular, (which Tully most useth) in Greek, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, i. capacem, saith Philo: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, à capiendo, because it comprehendeth all other kind of numbers, as more largely hereafter shall appear: and because this part should of all the rest be the best and the largest which in our English we commonly call, Tithe: of the Saxon word Teoða, i. e. the tenth: and Teoðan sceattas, tithes: of the verb Teo, i. traho, extraho, & Tiehð, Subtrahit, as if we should say, the choice part, or the part that is taken and chosen from the rest for God himself, which whether it be the tenth or not, yet it is generally comprehended in Latin under decimae, and in English under the name Tithe. 
For which cause the Latins used the word decimare & exdecimare, to choose and cull out the principal things; and our own English word, Tithe, importeth as much: for it cometh of the Saxon Teoð, i. e. the tenth, which is a verbal of Teo, that signifieth to take out, as if it should admonish us that the tithe or part given to God must be a choice or principal part.  Omnia sua decimabant (saith Augustine) & de omnibus fructibus suis decimam partem detrahebant & ipsam dabant. & paulo post. Tectum decimabant, id est, decimam partem detrahebant, & eleemosynas dabant, Augustin. Tom. 10. p. 27. D.  
Before I proceed further in this Treatise of Tithes, I hold it fit first, to propose a definition thereof, that my discourse may be the more certain. I define it therefore.  
Tithe is the tenth part of that we lawfully possess, rendered by us unto God, by way of thanksgiving for his blessings bestowed on us.  
Or according to Hostiensis; 
In sum. de deci. §. 1. V. Vocab. Vtrius. Jur. in verbo decima.   
Decima est omnium bonorum mobilium licitè quaestorum pars decima Deo data, divina constitutione debita, (quae forte addit author vocabularii) ut colligitur de decim. Ca 1. & ca Parochianos, C. nonest. Ca tua nobis § verum. C. non sit ab homine— vel, Decima est omnium bonorum justè adquisitorum 
Raymundus.  talis pars Deo debita.  
This definition leads us first to examine why the 
1.  tenth part, rather than any other should be yielded unto God.  
Secondly, out of what it is to be yielded: all that we 
2.  lawfully possess.  
Thirdly, unto whom it is to be rendered; unto God. 
3.   
Fourthly, in what manner it is to be rendered, viz. by 
4.  way of thanksgiving.  
Fifthly and lastly, upon what consideration it is to 
5.  be rendered; and that is for his blessings bestowed upon us.  
I have not read why in this matter of Tithing the tenth in number should be rather allotted unto God, than any other: and therefore wanting a guide to direct me, I will walk this way the more respectively; but according to mine own apprehension I observe two reasons thereof, one Mystical, the other Political. Touching the first, as Plato and the Pythagoreans attributed great mysteries and observations unto numbers: so do likewise all the greatest Doctors of the Church, and the very books of God themselves, and therefore it is not to be thought that in this point of rendering Tithes, but the number of 10. is also respectively chosen. 
* Multis aliis atque aliis numerorum formis (quaedam similitudinum) in libris sanctis seponuntur▪ quae propter imperitiam numerorum legentibus clausa sunt. De do●tri. Christ. lib. 2.  S. Augustine saith, that many things are not yet understood in Scripture, for that we cannot attain unto the knowledge of the virtue or power of numbers. And both he and Saint Jerome through their whole works continually observe great secrets therein: so do the rest of the Fathers, and not only in the Old Testament and Ceremonial Law, but in the New Testament also: Insomuch that I think there is not almost any number there mentioned, out of which some particular observation is not made. But to come to this we are in hand with. Let us see why this was allotted to God above others, and what part in reason is due unto him: Reason tells us certainly, the best, and the choicest: therefore he refused the unclean beasts; the lame and the blemished things: for as he is best worthy, so he requireth the best of every thing, the blood of the sacrifice, because it was the life: the fat, because it was the perfection of it: to be short, the number itself allotted to him, (the tenths I mean) if the mysteries thereof be opened, tells us, both why it was yielded, and why above other he should require it.  
It is said to signify the first and the last, the beginning and the end; it is finis simplicium numerorum, initium compositorum; the end of simple numbers, and the beginning of compound: the first articular number, & the last number of single denomination. The number wherewith the progress of numeration running as it were circularly, always endeth and beginneth again. Repraesentat (saith Bartholomeus) merito ipsum Christum qui est A, & Ω▪ principium & finis; that is, it worthily representeth Christ who is Alpha and Omega, the beginning and the end. In these and such other respects it is also said to be like a circle, the greatest and the perfectest body in Geometry, having neither beginning nor ending, (as other Attributes of God.) Hermes justly named Trismegist, labouring to describe God by the most significative resemblance that man's wit could attain unto, said; God is like an imaginary circle, or sphere, whose centre is every where, and whose circumference no where: meaning infinite and beyond extent. And as the circle a sphere, of all forms and bodies is most spacious and of greatest capacity, comprehending all other, and itself comprehended of none: so the number of 10. comprehendeth all numbers, and is itself comprehended in none of them, neither is there any number beyond it, but that riseth out of it. Decas (saith Saint Ambrose) 
De Abraham Patriarch. l. 2.  numerum omnem complectitur. It is the foot and base whereon all of them are founded, and it containeth not only all dimensions, but to be short, all the reasons of Arithmetic, Geometry and Music. Therefore Philo Judaeus saith, they that first gave names unto things (for they were wise) seem to me to have named decadem, that is, the number of 10. quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, i. capacem, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, à capiendo, quod capiat & amplectatur omnia genera numerorum, rationum ex numeris collectarum, proportionum, harmoniarum, rursus & concentuum, proprie appellasse, i. e. of taking or comprehending, for that it taketh or comprehendeth all kinds of numbers, of reasons gathered out of numbers, of proportions, harmonies and concordances. In this manner the number of 10. representeth unto us (as such things may) the nature of God, the perfectest, the greatest, comprehending all, and comprehended of none, the beginning and the end, yet infinite and without beginning or end. So that this number (10.) this tribute money in question hath (in the respects before alleged) the apparent image of God, and therefore let us see whether it hath his inscription or not; for sure if it hath his image or inscription, it is due unto him by his own words, his own argument. The Hebrews, & from them the Grecians express it by the letters 
Mat. 22. 21.  that begin his greatest and essential name, Jehovah; that is, ● & ●, jod & iota. The Romans and wee of the Western parts of the world, one while by the letter X, & another while by the figures 10. All know that the letter X signifieth ten, and the learned also know, that it likewise signifieth the name of Christ; for commonly in ancient times, and to this day in many books it is so written, X ', or X●, Xi, Xo, Xm, for Christus, Christi, Christo, Christum: and in like manner for decimus, decimi, decimo, decimum, in the time of the Law it was marked with the letters of the Father's name, in the time of grace with the Sons name. Yet the truth is, that the letter X thus used for the name of Christ, is no Latin letter, but borrowed from the Greek, where it signifieth Ch, because it represents not only the name, but the Cross of Christ, in which the Latin letter X, as the number and character of ten▪ hath also much hieroglyphical signifition. To come to the Arithmetical figures that express it, which are the figure of 1, and the cyphero, 1 signifieth the same that Alpha doth in Greek, that is, one. The cipher o, presenteth to us, Omega, for Omega is no more but great O, and in ancient time was noted only by circle, or cipher, and in effect still is: so that 10. in figures expresseth A and Ω. As A is the first letter in the Greek Alphabet, and Ω the last: so in the Alphabet of Arithmetic, the figure of 1, is the first, and the cipher o, is the last; therefore in like respect the figures of this number of 10. signifieth the first and the last, the beginning and the end. But as the cipher o, in this respect signifieth the end, so we must mark that it is a circle, and hath no end. Being therefore joined to the figure of 1, which signifieth the beginning, it showeth unto us, that the beginning is without end, & the end itself without beginning or end, both infinite & without any limit. The first character in the figure of 10, viz. 1. begetteth all numbers (for it is semen numerorum) & is begotten of none: so that it is unus & omnis, one and all, and so do the very figures signify in notis antiquorum, according to Valerius Probus & P. Diaconus. Therefore to conclude, it hath both the image of God, in signification of his nature, and the inscription of his name in the frame of the characters and figures; In all languages and with all Nations after one manner or other, as though nature herself had taught them that this part belongeth to God, which by no wit, or any learning can be applied to, or found in any number between 2, and millions of thousands. Reddite ergo quae sunt Caesaris Caesari, & quae sunt 
Mat. 22. 21. Mar. 12. 17. Luke 10. 25. Joh. 13. 7.  Dei Deo. Give unto Caesar the things which are Caesar's, and unto God, the things that are Gods.  
All that we have belongeth unto him, yet is he pleased to accept a part only; but we must note further, 
Decima omnia complectitur. Bullinger in ●. Heb.  that it is such a part as implieth the whole, because the whole is his. He loves not to have a piece of us simply, it must be such a piece as comprehendeth all in effect; therefore when he said, Give me thy heart, it was as much as, give me all: for he will have all or none. Therefore in his sacrifice he specially required the head, and the tail; the head as principium, the tail as finem; the beginning and the end of all our actions: for so the whole is his. And in the same sense the Law of the Land did anciently reckon those parts. For though the whole Fish Royal belongs to the King, yet Bracton saith, it sufficeth if he have the head and the tail; for that in those parts the whole is implied: and consequently when we give God the tithe, or tenth part, we put him in possession of all, yea, we put the nine parts remaining into his protection; for the number of ten 
Lib. de 10. praecep. sol. 75, 76. & seq. Quid si numero isto denario universitas regum significata est? De C. D. lib. 20. 23. Decima hora: numerus iste legem significat quia in 10. praeceptis data est lex, in cap. 1. Evang. Joh. Tract. 7. To. 10. Serm. 15. de verb. Domini in Evang. Mal. Ser. 15. Tom. 10  in like respect implieth the whole, as Philo Judaeus discourseth it. And so also doth Saint Augustine expound it, and therefore thinketh that by the 10. horns in Daniel is meant the whole succession of Kings in the Roman Empire.  
The same Father yet further saith, that the number of 10. signifieth the Law of God, Quia in decem praeceptis lex data est. And in another place, Denarius legem (significat) undenarius peccatum: quia transgressio est denarii 1. The number of 10. signifieth the Law, and for that the number of 11. exceedeth it, the number of 11. signifieth sin. Therefore because God hateth sin, and hath made the number of 10. to be as it were the number of perfection, and righteousness, (for so likewise doth Saint Augustine term it) when he requires the number of 10. of us, it puts us in mind, that he requireth also the fulfilling of his Laws, and the keeping of his Commandments.  
That God accepted the tithe, or tenth, as, and for the whole of that whereof it is yielded, is apparent by Gods own exposition, for when he had reserved it to himself, as his rent out of the Land of Can●an, given by him to the children of Israel, and assigned that rend over to the Levites for their maintenance, yet out of that assignment, he reserved also a ●ithe, or tenth part, to be laid up in the chambers of the treasure house, to be offered to himself, as it were thereby to hold his possession, and to keep seism of his inheritance, which in the 18. of Num. 20. is called an heave-offering: and this very heave-offering, which was as I say, but the tenth part of the tenth, that is, the 100 part of the whole, was accepted and taken by God, as the full seisin and satisfaction for the whole; therefore he biddeth Moses say to the Levites,— Your heave-offering shall be reckoned unto 
Numb. 18. 27.  you as the corn of the barn, or as the abundance of the winepress: that is, the tithe that you are to give, though it be the hundreth part, yet I will accept of it, as if it were all the corn of your barn, and of your fields, and as the whole profits, even as the abundance of your Vineyards. In like manner also doth he accept the fat of such offerings, in the 29. v. to show unto us, that since all is his, he will have perpetual seisin of the whole, and will not be disinherited of the least part.  
Doubtless he is well pleased with this tenth part, for when he threatened the destruction of the Land by Isaiah, he concludeth, yet there shall be a tenth part remaining as to replenish it again, and as holy seed, Isa. 6. 13. he will save his own part. We have received all things of the fullness of God, therefore out of our fullness it is fit that we render something back unto him, not by way of reward, but in honour of him. This number is also said to be the number of fullness, and to signify the greatest things, wherein as numbers have their secreta and latebras, to use Saint Augustine's words, so 
Tom. 10. fol. 15.  hath this number above all other a peculiar secret and blessing given unto it, as if God had marked it for himself; for as God in Hezekiah's time, blessed the offerings 
2 Chro. 31. 10.  and tithes in abundance, so it seemeth the word abundance, (plenitudinem) Exod. 22. 29. is used for the tithe and first-fruits: and it hath of old been observed that in natural things, the tenth is usually the fullest and the greatest: the tenth flood, and the tenth egg. Festus, 
Lib. 4.  and many other Authors do affirm it: and to that purpose Ovid saith,  
Vastiùs insurgens decimae ruit impetus undae, i. e.  
The whole force of the tenth flood, wave, or billow, rising up more hugely than all the rest, rushed into the the ship. And Valer. Flaccus termeth it,— Decimae tumor coeduus undae, the high swelling of the tenth wave: 
Lib. 14. Pharsal. 5. In Agamemnon.  so likewise is it noted by Silius Ital. Lucan, Seneca.  
And this observation amongst the Ancients hath been so notorious and remarkable, that they commonly used the word tenth in Latin, decimus, decumanus & decimanus, to express the greatest things; therefore in the division of their fields, they called the greatest extent, decumanum limitem; the greatest or chief gate in their Camp, decumanam portam; the greatest shields, decumana scuta; and so likewise, decumanos fluctus, and decumanaova, decumanum acipenserem: & upon the like reason 
Cic. in Verrem.  they used the word decimare, & exdecimare, for to choose and cull out the choice and principal things, as Perrot reporteth. And because in the procreation of men, and many other living creatures, the number of 10. is most happy and effectual, as the tenth month in some, and the tenth week in others; the Romans admired the secret virtues of this number so superstitiously, as they canonised it among their gods by the name of Decuma, as you may read in Tertullian, Gellius, and many other. And for this cause Romulus closed up the year in the compass of ten months, as the time of fullness and perfection.  
I will prosecute the mysteries of this number no further, but conclude with Philo Judaeus, that he that 
Satis amplum ex se ad librum conficiendum praebet argumentum. Phil. de 10. praecep.  should run into the Mathematical powers and observations thereof, hath work enough for a large Volume. De ratione decimarum, & denario numero, pluribus agit Philo lib. de congress. quaer. ernd. gratia.  

X  
Exprimit antiquis haec Christum littera scriptis:  
Exprimit & partem quam petit ille sacram.  
Ergo citus, Christi quae sunt, dato munera Christo.  
Caesaris accipiat Caesar: uterque suum.   

This X of old expressed Christ's holy name,  
And eke the sacred Tenth which he doth claim.  
Give then to Christ, what's Christ's, without delay.  
Give Caesar, Caesar's due, and both their pay.    

CAP. XV. Who shall pay Tithe.  
THe Laws and Commandments of God, are commonly given in the second person singular; as, thou shalt love the Lord thy God; thou shalt not steal. And so here, thou shalt not keep back thine abundance, that is, thy first-fruits and tithes; and, thou shalt give the tithe of all thy increase, etc. a Pronoun of particularity, (thou) for the Adjectives of universality, Nullus & Omnis; as if he should say, None or no man shall keep back his abundance: 
Quia omnia Dei sunt▪ per quae vivit, sive terra, sive ●lumina, sive semina, vel omnia quae sub coelo ●unt, aut super coelos. De re●ti●ud. Cath. convers. Tra●t. Tom. 4.  And all men shall give the tithe of all the increase. For it is an axiom in Logic, that, Indefinitum aequipollet universali, Indefinite propositions are equivalent with universal: And so every man must pay tithe; Every man, saith Saint Augustine, Quia omnia Dei sunt, per quae vivit, etc. because all things whereby he liveth are Gods, whether it be the Earth, or Rivers, or Seas, or all the things that are under, or above the heavens. Abraham and Jacob paid tithes, and therein bound all whosoever be of their posterity to do it. Even Levi himself, who after received tithes of his brethren, was bound thereby, and paid them in the loins of Abraham, (as it is said in the 7. Heb.) 400. years before he was born, and we also as Abraham's children. For if the Levites themselves, that (as the mean Lord, to use the Lawyer's term) received tithes of their brethren, were not freed from paying them over to the Lord Paramount, God Almighty, how much more are all we bound of what sort and condition soever to pay them likewise? But some happily will ask, if the Levites paid tithes? yea, they did pay the tenth part of their living to God, as well as their brethren, as before we have touched it in speaking of the heave-offering, and as it is manifest in the 18. of Numbers, v. 26. Speak unto the Levites (saith God to Moses) and say unto them, when ye shall take of the children of Israel the tithes which I have given you, of them, for your inheritance, then shall you take (elevationem) an heave-offering of the same for the Lord, even the tenth part of the tithe: which in the next verse save one, they are commanded to deliver to Aaron, God's general Vicar in spiritual function. And in the 10. of Nehem. it is further said, The Priest the son of Aaron shall be with the Levites, when the Levites take tithes, and the Levites shall bring up the tenth part of the tithes unto the house of our God, unto the chambers of the treasure house. So then the Levites themselves paid tithes, and by their example the Clergy of our time must do it likewise; but the question will be then, to whom? First, let us see what became of these tithes Paramount, thus laid up in the treasury. We must understand that the Treasury of the Temple was not particularly for that purpose, but for the guests and offerings also whatsoever dedicated and given to God: and I find that of this Treasury there were 3. sorts: Mesack, where the munificent gifts of Kings and Princes were laid up: Corban, where those of the Priests: and Gazophylacium, whereinto the people and all passengers brought their offerings, and into which the poor widow, as it seemeth, cast her two mites. I find not any particular limitation of these Treasuries, but the common end of them all was to be employed upon things necessary for the house and service of God, and for relief of the poor, and of orphans, widows, and strangers. Josephus expoundeth 
Antiq. jud. l. 4. ca 3.  Corban, for the very gift itself offered by them that dedicated themselves to God, as the Nazaraei, and showeth that the Priests disposed it to the needy. And to these ends must our Clergy give and pay over their own Tithes unto God, first, in repairing and maintaining the house and service of God, as 2 Kings 12. 4. then in alms and charitable devotion to the poor: for the poor are God's Publicans, and by him appointed to gather and collect this rent or custom due to him, and to carry it into his Treasury of heaven, as the Porters thereof, there to be laid up for our use and benefit in the world to come. Deciman Deo in pauperibus vel in ecclesiis donet, saith 
De rectitud. Cath. Convers. Tom. 9  S. Augustine. Let him give it to God either in bestowing it upon the poor, or in the Churches. Though Christ be ascended into heaven in his person, he is still upon earth by his Proctors and Substitutes, the poor and needy; and therefore a Father (Jerome I take it) answereth Mary when she complained, that they had taken away the Lord; Oh, saith he, but they have not taken away his 
Sustulerunt dominum, at non servum.  servants, meaning the poor and needy, on whom she might abundantly express her charity. As the Law of God enjoined the Levite to pay tithe to the high Priest: so also the old Law of the Land bindeth our Bishops themselves to pay Tithes, yea, the King himself. I command my Sheriffs (saith Ethelstane) through my Kingdom in the name of the Lord, and of all the Saints, and upon my love, that they presently pay my own Tithes to the uttermost, both of living things, and of the fruits of the earth; and that the Bishops do the same of their own goods, and also my Aldermen and Sheriffs.  Tom. 1. Concil. Britan. pag. 402. 
And the very glebe Land of the Parson himself, if it be let to another, must pay tithe, as was adjudged in the King's Bench this Term Sancti Hillarii. Quaere.   

CAP. XVI. Out of what things Tithe is to be paid.  
IT is recorded in Genesis, that Abraham before his name 
Gen. 14. 20. Heb. 7.  was changed, Gave him tithe of all. And Jacob in the 28. ca saith: Of all that thou shalt give me will I give the tenth unto thee. In the 27. Leu. All the tithe of the Land 
V. 30.  of the seed of the ground, & the fruits of the trees is the Lords, it● is holy unto the Lord: and in the 14. Deut. 22. Thou shalt give the tithe of all the increase of thy seed that cometh forth of thy field year by year: that we should bring the tithes of our Land unto the Levites, that the Levites might have the tithes (in all the Cities) of our travel or labour. So in the 2 Chro. 31. 5▪ they brought the tithes of all things abundantly; & v. 6. they brought the tithes of bullocks, and sheep, and the holy tithes, which were consecrated unto the Lord their God, i. by a vow.  
In these general precepts there needeth no particular enumeration of what should be paid, they run upon the word All; & without exception, all whatsoever the ground yieldeth either by industry, or naturally, corn, wine, oil, the fruits & increase of every thing, whether living or vegelative. And more than so, for even those things that are gotten by labour and travel; for therein we have our part of his mercy and blessing, as well as in his other gifts & bounty. And the words in Nehe. [in all the Cities] 
Nehem. 10. 37.  seem to extend to the handy-crafts-men, for Citizens commonly occupy not fields, or husbandry, which is rather proper unto the Villages & Country people: So that if Citizens should not yield the tithe of their travel, most of them should yield nothing at all, and no man must appear before the Lord empty, Exod. 23. 15. for he hath showed 
Deut. 16. 16.  mercy upon all, and he will have some acknowledgement from all. This upholdeth the custom of many places of England, where the very servants pay a tithe out of their wages, some deduction being made for apparel: and by like reason I think, that those that have Annuities and fees, as Officers and such like, aught to yield a tithe thereof; for out of those the King hath his Subsidies and tenths, and by like, yea better reason should God have his portion: Of all that thou shalt give me, saith Jacob, will I give the tenth unto thee; and in the Gospel, the Pharisee, though braggingly, yet according to the use of the righteous of that time, saith, I give tithe of all that I possess; as it seemeth, even of his goods, and dead commodities, as of the fruits of the earth. For I suppose that the Ancients paid tithes in two sorts, some ex praecepto, others, ex arbitrio, or placito; some by commandment of the Law, others out of their 
The tenth of bullocks and sheep, and all that goeth under the rod commanded, Leu. 32.  freewill and benevolence. In the 31. of the 2 Chron. v. 6. it is said, They brought the tithes Boum & pecudum, of oxen and sheep, things tithed before whilst they were young, as I conceive, and not now again to be tithed, when they were grown to their full ages. So in the 10. of Nehe. 37. they brought first-fruits of their dough, yet no doubt, their dough was tithed before in the corn it was made of: therefore I take these tithes to be tithes ad placitum, in the election of the party, whether he will give them or not; but if he do allot them to God, he is tied like Ananias and Sapphira to perform them faithfully, for they then become due ex praecepto; for he that voweth unto the Lord, is commanded not to break his promise, Numb. 30. 3. And these kind of tithes no doubt were often paid by the godly, sometime upon general occasion, as that of Hezekiah, sometime of particular, as that pretended by the Pharisee.  
Military spoil, and the prey gotten in war is also tithable, for Abraham tithed it to Melchisedek, and thereof, if we may depart a little out of the circle of holy Scripture into the Histories of the Gentiles, (who even by instinct of nature found this duty to belong unto God) we abound with examples thereof: as paid by Cyrus 
Herodot. Clio. lib. 1. f. 36. Livy li. 5. Pliny l. 12. c. 24▪  at the taking of Sardis; by Furius Camillus, upon the overthrow of the Veians; by Alexander the great, upon his conquest of Arabia, when he sent a whole ship laden with frankincense for the Altars of his gods. But occasion to speak of these shall serve me better afterward, and therefore to return to that is more material. The example of Abraham in this point of tithing the prey, teacheth us also, that we give God a tithe out of every accession of wealth, that he sendeth to us in any course whatsoever: so that the gains of buying and selling, and the great improvement arising by merchandise, is under this title both registered and commanded. I know not what the rich City of London doth in this kind, but I read in Herodotus, that the poor Samians 
Melpont. l. 4. f. 267.  yielded at one time six talents to that purpose, and that the Siphnians out of their silver and gold Mines sent 
Thalia l. 3. f. 1●0.  so great a tithe to Delphos, as the richest man of that age was not more worth.  
St Augustine saith, Vnusquisque de quali ingenio aut artificio vivit de ipso decimam Deo in pauperibus vel in ecclesiis donet. Let every man out of the trade or craft whatsoever he liveth by, give God the Tithe.  
De rectitud. Cathol. conversat. Tractat. Tom. 9 f. 250.   

CAP. XVII. That things offered to God be holy.  
I Must first explain what I mean by holy, and that is, not that they are divine things, or like those of the Sanctuary, which none might touch save the anointed Priests. But like the lands and possessions of the Levites mentioned in Leviticus,— that were said to be holy and separate from common use, and separate from man, Levit. 27. 28, 29. that is, from the injury of secular persons, and to be only disposed to and for the service and servants of God, defensum & munitum ab injuria hominum, N. F. de rer. divis. L. sanctum, as the persons of Emperors and Kings are said to be holy and sacred: for as the Altar sanctifieth the offering, Mat▪ 23. 19 so these things being offered to God, are by this very act of oblation made holy, and taken so into his own tuition, as they may not after be divorced. Woe be therefore to the Scribes and Pharisees that devour widows houses, Mat. 23. 14. how much more woe then unto those that destroy the house of God, and by divorcing Christ from his Spouse the Church, make him also a widower, and his Church a widow, and so devour both the widows house, and the widow herself.  
But some are of opinion, that the Church itself is no longer holy, then while the service of God is in hand therein: as the Mount and the Bush were no longer holy than while God was there: and by that reason a Church and an Alehouse are of like sanctity, for a man may preach in an Alehouse, and minister the Sacraments in an Alehouse, and occasion sometimes doth necessarily require it: And what is their reason hereof? why, their reason is, that consecration of places, and of the implements belonging to the service of God were levitical ceremonies, and therefore ended with the levitical Law. These men reason, as if before the levitical Law there had been no rules of God's honour: and as though the Moral Law, and the Law of nature taught us nothing therein: Doth not God himself leave the precepts of the levitical Law, and reason with the Israelites out of the Law of nature, Mal. 3. when he saith, will any man spoil his goddess? as if he should say, that the Law of nature hath sanctified those things that are offered unto God, and therefore will any man violate the Law of nature? Doth not Saint Paul reason also in the same sort, when he saith, Despise ye the Church of God? 1 Cor. 11. 22. If I should apply the places of Scripture that are spoken of the great reverence of the Temple, it would be said, that that were levitical: but the office of the Temple was Moral, as well as levitical, and therefore though these be ended, yet the other, the Moral remaineth.  
When Christ had cast the oxen & doves that were for the levitical service out of the Temple, yet he said, that it was an house of Prayer, as figurating that after the ceremonies were ended and gone, yet the Moral office of the Temple to be an house of Prayer still remained. Saint Paul, 1 Cor. 11. 22. when he saith, Despise ye the Church of God? speaking it as if he wondered that any should be so irreligious, or rather sacrilegious to despise the Church; and no man I think doubteth but that this was spoken of the material Church, for he blameth them that did use unseemly drinking in the Church.  
See the first Treatise, of the rights and respect due. § 10. 
Note.  Of the three several places, and three functions of the Temple: and how the last continueth holy, for Prayer, Doctrine, and instruction of the people: which therefore had in it no Ceremonial implement at all.   

CAP. XVIII. Tithes must not be contemned because they were used by the Church of Rome.  
IF we should reject Tithes because they were used by the Church of Rome, by the same reason we must also reject our Churches; but the Apostles used both the Synagogues and the Temple itself after Christ's Ascension, though they were polluted with the doctrine and ceremonies of the Jews; and therefore we are not to reject Tithes and other things profitable to God's service, because the Papists used or misused them. The Censors ordained for God's honour were impiously abused by Corah, Dathan, and Abiram, yet God rejected them not, but commanded them to be still employed in some better course of his service, namely, in making plates for the Altar, Numb. 16. 38.  
And by this Scripture doth Huge and Origen reprove them that judge the works of an heretic to be burned without preserving the good things in them: and the Altar to be pulled down whereat a Schismatique hath ministered. Hugo in Genes. 16. fol. 136. a. and Origen in Homil. 9 sup. Num. fol. 104.  
God refused not the burnt-offering of Gedeon, though he made it with the idolatrous wood of Baal's grove, yea, himself commanded it so, Judg. 6. 26. and in the Gospel the offerings of the proud Pharisees were as well received into the Treasury of the Temple as the mite of the poor widow. When Jericho was destroyed and accursed, yet God required the gold and silver for his holy utensils, Jos. 6. 19 For though filthy gains are forbidden to be offered unto God, yet good things because they have been abused, are not forbidden to be offered unto him. When the pottage provided for sustenance of the children of the Prophets was infected by him that threw in the wild gourds, or coloquintida, Elisha the Prophet commanded them not to be cast away, but cleansing them from their infectious venom used them still for food of the children, 2 Kings 4. 38. So if the pottage of the Ministers have been abused with Roman Coloquintida, purge the infection, but take not their pottage (I mean their Tithes) from them.  
Aristophanes bringeth in Hercules laughing to see effeminate 
In Ranis.  Bacchus clad in the Lion's skin: but we may well lament to see a spruce Castilio, and his masking mistress tricked and trimmed up with those Church-livings that godly and grave men in times past gave for maintenance of God's service, and the Ministers thereof.  
I can but wonder, what should move Flacius Illyricus (a man so conversant in the history of the Church) to affirm, that Tithes were lately extorted by the Popes; 
Decimas nupeius extortas per papas. Caal. test. ter primo impositas in Concil. per Pelagium Papam Anno 588.  and that they were first imposed by Pope Pelagius in the Council, Anno 588. unless his meaning be, that in elder times they were paid at pleasure, and now first commanded to be paid of duty: which construction (though contrary to the understanding of a common Reader) if we do allow him, yet is it untrue also; for that Council reciteth that they had been paid before of long time, and that by the whole multitude of Christians, and as due by the Word of God, and consequently not at pleasure. (Concil. Matisconense. 2. c. 5. Anno 588. Tom. 2.) So that this Council did but revive and quicken the cold devotion of that time, and not infer new matters unheard of before.   

CAP. XIX. That the Tradition of ancient Fathers and Counsels is not lightly to be regarded.  
IT appeareth by divers ancient Fathers and Counsels, that Tithes were paid long before their times in the Primitive Church, and were unto the age of the Apostles, though little memory thereof remaineth in the Authors of those times. And shall we not believe the Fathers received such instruction from their elders? Doth not God bid us ask after the days of old, and the years of so many generations, saying, Ask thy father, and he will show thee; thine elders, and they will tell thee? Deut. 32. 7. If we shall not believe them, why should we ask them? and why did the children of Israel complain, that their Fathers heard not the words of the book of the Law, 2 Kings 22. 13. but because they therefore could not report it to them their children?  
Shall we think nothing to be done, but what is written? doth not the Evangelist tell us, that if all were written that Christ did, he supposed the world could not contain the books, Joh. 21. 25? are not many actions of elder time alleged in latter Scriptures, and yet no testimony of them in the former? it is said, 1 Chro. 26. 18. that Samuel, Abner, and Joab, dedicated many things unto God, yet their story reporteth no such matter. Solomon is noted, 1 Chron. 10. to have kept a famous Passeover: yet is there not a word of it in the history of his time. Fasting was brought into the Church before Christ, and the use also of building of Synagogues, but it appeareth not when, or how. Paul allegeth, that our Saviour said, It is better to give, then to take, Act. 20. 35. yet no Evangelist doth mention it. Judas saith, v. 9 that Michael and the Devil strove for the body of Moses, yet the Old Testament noteth no such thing; how then came they by these instructions? Surely by books that are perished, or by inspiration, or by relation of others: and doubtless the ancient Fathers came to the knowledge of many things by all these ways. First, by books that be perished, for it is manifest by Eusebius, Jerome, Gennadius, and others, that the ancient Fathers saw many thousands, which are not now extant. If by inspiration, the holy Ghost, that was sent down upon the Apostles, and passed from one to another, returned not by and by to heaven, but remained actually amongst the Fathers of the Primitive Church; and therefore what they generally taught is carefully to be kept. But if they received these things by Tradition, the very Tradition of those first ages of the Church are much to be received; for all that time, no doubt, infinite speeches and actions of Christ and the Apostles (whereof many were collected by Ignatius and Papias, as Jerome reporteth, but now lost) were then fresh in the mouths of every man, as not only the Fathers of that time do abundantly testify, but our own experience also induceth us to conceive; for do not we ourselves hear and believe many things to be done in the time of King Hen. 8. that never yet were written, nor like to be?   

CAP. XX. Ancient Counsels and Canons for payment of Tithes.  
THe Canons attributed to the Apostles, come first in rank to be mentioned, yet I will not insist upon them. Neither doth Bellarmine (as they are now published) maintain them to be the children of those Fathers. Yet can it not be denied that the first 35. of them are very ancient and near the time of the Apostles; for Dionysius Exigu. that lived within 400. years of the Apostles, translated them out of Greek as received long before in the Eastern Church.  
The fifth of those Canons ordaineth, that all other fruit should be sent as first-fruit (and tithe) home to the house of the Bishop and Priests, and not to be offered upon the Altar; adding further, that it was manifest that the Bishops and Priests did divide it to the Deacons, and the rest of the Clerks. And though the Greek copy in this place, calleth not these fruits 〈◊〉, Tithes, yet the Canon seemeth to be meant thereof, for other fruit none was to be carried to the house of the Bishop, or to be divided amongst the Priests, and the Deacons, save offerings, tithes, and first-fruits; therefore the old Translation of the Canons out of Zonaras, expresseth it tithe and first-fruits. And this fashion here received of sending these things to the house of the Bishop, and his dividing of them among the Priests and Deacons, showeth the great antiquity of this Canon; for it appeareth, that the first usage was so, and that the Ministers had menstruam sportulam, every month a basket of the offerings and tithes for their maintenance▪ whereupon they were called Clerici sportulantes, i. basket Clerks.  
Vid. Cyprian. Epist. 34. & 66. Baron. anno Ch. 57 Num. 72. & 145. & anno 58. Num. 89. And the people then offered accustomably to the Altar, and for the maintenance of the Priests.  
Concilium Agrippinense, cap. 6. Anno 356. first decreeth, that Tithes shall be called Dei Census, God's rent: and reciting that the third part thereof, as was declared in the Toledan Council, belonged to the Bishops, yet according to the Roman use, they agreed to take but every year the fourth part, which upon excommunication they commanded to be paid. Burchand. lib. 3. ca 135.  
Concil. Romanum 4. sub Damaso, about the year 375. 
Damas. p●▪ patrim. adiit, An. 367.  amongst the Decrees thereof it is ordained, ut decimae atque primiti● à fidelibus darentur, qui detrectant anathemate feriantur; that tithes and first-fruits should be paid by the faithful.  
Concil. Aurelianense 1. sub Symmacho, An. 507. Can. 17. decreeth, that the Bishops shall have every year the fourth part, or every fourth year the whole tithe Tom. 2. Con.  
Concilium Tarraconense sub Hormisda, An. 517. Can. 8. juxta Burchandum, 9 juxta Bin. saith, that it was an Order, antiquae consuetudinis, that the Bishop should have the third part of all things yearly, and therefore willed it still to be kept. Burchard lib. 3. Ca 33. Bin. Tom. 2. Conc.  
Concilium Mediomatricis, Anno willeth the Bishops to reprove (prohibeant) them that would not pay Tithe without some reward be given them. Bur. l. 3. C. 134.  
Concilium Toletanum, Anno 533. divideth all Church rights into two sorts of oblations, one to be those that are offered (i. e. given) to the Parish Churches, as Lands, Vineyards, bondmen, etc. and willeth that these should be wholly in the ordering of the Bishops. The other to be those of the Altar, whereof it commanded ●●e third part to be carried to the Bishop, and two parts to be for the Clerks. And of Tithes it saith, that according to some, the third part yearly, or every third year the whole was so paid. But that they following the manner of the Roman Church, decreed, that the Bishops should have every year the fourth part, or every fourth year the whole tithe. Burchard lib. 3. C. 136. & Bin. paulo aliter Tom. 1.  
In a collection of Canons of an uncertain Author, in the Vatican Library, this is attributed to Sylvester, who was Bishop of Rome 315. Binnius in a note upon this Canon somewhat differeth in words.  
Concilium Matisconense 2. sub Pelagio 2. Anno 588. affirmeth Tithes to be due by the Laws of God; that 
Hoc. confirm. Con. Hispalens. Tom. 2. Et approbat. p●r Gualther. & Hospinian. de origin. honorum ecclesiae, ca 3. p. 123.  the whole multitude of Christians kept those Laws very warily of long time, that by little and little they were in those days almost wholly neglected. And this Council decreeth, that the ancient usage of the faithful should be revived, and that all the people should bring in their Tithes to them that ministered the ceremonies of the Church, etc. otherwise to be excommunicated. Tom. 2. Con.  
Concilium Hispalense sub Gregorio 1. Anno 590. concludeth thus: That if any mantithe not all these things (viz. before named) he is a spoiler of God, a thief, and a robber, and the cursings that God put upon Cain for his deceitful dividing, are cast likewise upon him. Ivo. p. 2. & 174. Tom. 2. Concil.  
Concil. Valentinum sub Leone 4. Anno 858. ca 10. That all faithful men should with all readiness offer their ninths, and tithes to God of all that they possess, etc. upon peril of excommunication. Tom. 3. Con.  
Concil. Rothoma. cap. 3. nameth particularly what ought to be tithed, and commandeth to do it upon pain of excommunication. Burchard li. 3. ca 130. and annexeth the Council, Mogunt. ca 38.  
Concil. Cavallon. ca 18. Anno 8●3. That Bishops, Abbots, and religious persons should pay them to Churches out of their possessions, and families where they baptised and received. Burch. lib. 3. ca 132.  
And Concil. Cavallon. c. 1. decreeth, that all Churches with their whole livings and tithes should be wholly in the power of the Bishops, and to be ordered ●●d disposed by him: Burchard lib. 3. ca 146.  
Concil. Moguntin. 1. ca 8. recited by Burchard, who lived about 6●0. years since, saith, that Abraham by his action, and Jacob by his promise declared unto us, that tithe was to be given to God; The Law hath since confirmed it, and all the holy Doctors are mindful of it, etc. Hereof the venerable Doctor Saint Augustine saith, Tithes are required as a debt: What if God should say (quoth he) thyself a man art mine, and so forth as followeth in that Sermon of his that hereafter we exhibit. The Council proceedeth further, showing reasons why Tithes should be paid. That if the Jews were so careful in executing this commandment, as they would not omit it in the least things, mint, and rue, etc. as our Saviour testifieth; how much more ought the people of the Gospel to perform it, that hath a greater number of Priests, and a more sincere manner of Sacraments? They are therefore to be given unto God, that being better pleased with this devotion, he may give more liberally the things we have need of. That this kind of maintenance is fittest for the Clergy, that they otherwise be not troubled with worldly business, but may attend their calling.  
That the daily offerings of the people, and that Tithes are to be divided into four parts, according to the Canons; The first to the Bishop, another to the Minister or Priest, (Clericorum) the third to the poor, the fourth to repairing of Churches. Burchard li. 3. c. 133.  
Concil. Moguntin. 1. cap. 10. tempore Appae 4. & 4. Lothar. Imp. Anno 847. sub Rabano Archiepiscopo qui scribit Ludovico. This Council admonisheth men to pay their Tithe carefully, because God himself appointed it to be paid to himself. And that it is to be feared, that if any man take Gods right from him, God for his sins will take things necessary from him also. Tom. 3. Conc.  
Roman. Condil. 5. Anno 1078. Tom. 3. saith, that Laymen upon pain of sacrilege, excommunication, and damnation, might not possess Tithes, and Church livings, though granted by Kings and Bishops, but must restore them.   

CAP. XXI. In what right tithes are due: and first of the law of nature.  
WE have said in our definition, that they be due unto God: now we are to show by what right, and to prove it. First, therefore, I divide Tithes into two sorts, Moral, and levitical; Moral, are those which were due to God before the Law given in the time of nature. levitical, are those nine parts assigned by God himself, (upon giving the Law) unto the Levites for their maintenance, the tenth part being still reserved to himself, and retained in his own hands. Moral tithes were paid by man unto God, absque praecepto, without any commandment; levitical tithes were paid by the Israelites unto the Levites, as transacted and set over by God unto them pro tempore for the time being, and that by an express Canon of the Ceremonial law. To speak in the phrase of Lawyers, and to make a case of it; God is originally seized of tithes to his own use, in dominico suo, ut de feodo, in his own demesne, as of fee-simple, or as I may say, Jure Coronae, and being so seized by his Charter dated, year after the Flood, he granted them over to the Levites, and the issue male of their body lawfully begotten, to hold of himself in Frank-Almoigne, by the service of his Altar and Tabernacle, rendering yearly unto him the tenth part thereof: So that the Levites are merely Tenants in tail, the reversion expectant to the Donor, and consequently their issue failing, and the consideration and services being extinct and determined, the thing granted is to revert to the Donor, and then is God seized again as in his first estate, of all the ten parts in fee.  
But we must prove the parts of the case: and first, the title, namely, that he was seized in fee of original Tithes, that is, that original Tithes do for ever belong unto him. Hear the evidence: which I will divide into three parts, as grounding it first upon the law of Nature; secondly, upon the Law of God; and thirdly, upon the Law of Nations.   

CAP. XXII. How far forth they be due by the Law of Nature.  
When I said by the Law of Nature, my meaning is not to tiemy self to that same jus naturale, defined by Justinian, which is common to beasts, as well as to men. But to nature taken in the sense that Tully after the opinion of others, delivers it to be,— Vim rationis atquè ordinis participem, tanquam via progredientem 
De nat. Deo. l. 2.  declarantemque, quid, cujusque causa, res efficient, quid sequatur, etc. the virtue and power of reason and order, that goeth before us as a guide in the way, and showeth us, what it is that worketh all things, the end why, and what thereupon ensueth or dependeth. This by some is called the Law of Nature, secondary or special, because it belongeth only to reasonable creatures, and not generally to all living things; in respect whereof it is also called the law of reason, and it is written in the heart of every man, by the instinct of 
Quis scribit in cordibus hominum naturalem ●egem nisi Deus? Aug. des●rm. Domini in monte l. 2.  nature, as Isidor faith, (not by any legal constitution) teaching and instructing all Nations through the whole world todiscern between good and evil, and to affect the one as leading to the perfection of worldly felicity, and to eschew the other, as the opposite thereof. This is that law written in the hearts of the Heathen, made them to be a law unto themselves, as it is said, Rom. 2. 14. and by the instinct of nature, to do the very works of the Law of God, with admirable integrity and resolution. This is that Law that led them to the knowledge of God that they had, whereby they confess him to be the Creator, supporter, and preserver of all things, seeing all things, knowing all things, and doing whatsoever pleaseth himself, to be omnipotent, eternal, infinite, incomprehensible, without beginning or end, good, perfect, just, hating evil, and ever doing good, a blessed Spirit, and as Plato calleth him, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the greatest Spirit, that giveth all good things unto man, that guideth his actions, and blesseth his labours: All this and much more, did the very Heathen by this Law of Nature, conceive and pronounce of God, and therewithal confessed, that by reason thereof they were justly tied to yield him all service, honour, obedience, praise, and thanksgiving; but wanting graceto direct them above nature in the right ways thereof, they first swarved on one hand, then on the other, and at length they fell into their innumerable superstitions and idolatries; yet as they concurred with us in these fundamental points of Christian confession, touching the nature of God, so did they likewise in the fundamental course of serving and worshipping him; as by prayer, to crave blessings, by hymns, to celebrate his praise; by oblations, to show their thankfulness to him; by sacrifice, to make atonement with him for their sins and trespasses; by honouring and maintaining his servants, Priests, & Ministers, to express the honour, love, and reverence they bear unto himself. Some are of opinion that they learned much of this from the children of God. So Ambrose allegeth, that Plato did of Jeremy the Prophet, meeting him in Egypt; but it appeareth that Jeremy lived before Plato almost 300. years: yet it is doubtless, that with their blood and lineage they deducted many particular rites and ceremonies from Noah and his Nephews: but these notions I speak of, rise out of the very law of nature written in their hearts by the finger of God, as S. Augustine witnesseth, saying, Quis scribit in cordibus hominum naturalem legem nisi ipse Deus? who writeth the law of nature in the hearts of men but God himself? and Calvin agreeth, that the knowledge 
Instit. l. 1. c. 3.  of God is naturally planted in the minds of all men; Do we not see at this day, the very barbarous, and (almost) savage Indians, agree in effect, most of them, aforesaid touching the nature of God, and the course of worshipping him also, yea, in the five ways we spoke of, viz. by prayer, by songs, by offerings, by sacrifice, and by honouring and maintaining his Priests and servants? who taught them this, if not the very law of nature? Me thinks I hear some answer me, the Devil; and I must answer them, that it is true, the Devil taught them to pervert these notions, but it is God that wrote them originally in their heart, though the Devil hath choked and corrupted them. But say that the Heathen learned these of the children of God, whence did the 
Calv. I●st. l. 1. c. 4.  children of God learn it themselves, before the Law was given? who taught Cain and Abel to offer their first-fruits, & to sacrifice? Abraham and Jacob to give tithes of all that they had? Lactantius saith, that the law of nature taught to give offerings to God, and the practice of all the Nations of the world, in all ages, and in all religions confirmeth it. As soon as Christ was born, the wise men that came afar off out of the East, brought offerings unto him, as directed only by the law of nature, for they were Gentiles: and none used to visit the Temple of God but with some presents; not that God is delighted with such things, but that their affections 
It seemeth this law of nature is termed by Moses the Law of God, for he saith, I declare the Ordinances of God, and his Laws, Exod. 18. 16. when as yet the Law was not given: and before, ca 15. 26. If Israel will hearken to his Commandments and keep his Ordinances, c. 19 5.  by the fruits of their devotion were made manifest, the Church and service of God maintained, and those that were in need and necessity, orphans, widows, strangers, and the poor people provided for and relieved▪ for these are God's care, and are to him as the dearest kind of his children, and though younger brothers as touching the worldly inheritance, yet those on whom he thinketh the fat Calf well bestowed. Donum (saith Lactantius) est integritas animi: the gifts we give unto God are a testimony of our frank and open heart towards him. An offering of a free heart (saith David) will I give unto thee: out of his abundance we have received all things, and out of ours let us render some.   

CAP. XXIII. Tithes in the time of Nature: first considered in the time of Paradise.  
I Would not be so curious as to seek the institution of tithes in Paradise: yet no man will deny but that Paradise was a model of the Church, and that God had his honorary rights in all the three kinds, he now requireth them at our hands, namely, ● portion of time, place, and of the fruits; of the fruits, as the tree of knowledge; of the place, as the midst of the Garden▪ the time, as the cool of the day, which signifieth the time of rest, and so the Lords day: as more particularly we shall show by and by. Touching the fruit, it was the portion that God reserved from Adam when he gave him all the rest; and that portion also that justly and properly belongeth to God, knowledge. And therefore this part particularly was assigned by God unto his Priests, as the sacred keepers of this his sacred Treasure, and therefore no other man might invade this his right and inheritance, Knowledge (saith Malachi) belongeth to the Priest. Touching place, what should be assigned to the chiefest, but the chiefest? and what is the best and chiefest, but the midst? for medium— and therefore the place here where God's portion is assigned him, is the midst of the Garden; and therefore into this place doth Adam fly as into Sanctuary, and to the horns of the Altar, when he had offended, for it is said, that Adam hid himself in the midst of the Garden: So Calvin, which is, the trees in the midst of the Garden.  
And touching the time, it is by all expositors upon the matter, applied to the time of rest: for either they expound the cool of the day to be the evening, as Oncalus, or the morning, as Calvin; and take it in either of these senses, it may aptly discover the Judaical Sabbath in the first sense, or the Christians Sabbath in the latter. And as these are the times when we are to make our public reckonings, confessions, and prayers unto God, and thereupon to receive sentence of curse or absolution▪ so at this time, presently God calleth Adam and Eve, and the Serpent, that is, the whole congregation of Paradise to a public reckoning, confession, and account; and like the great Ordinary and Bishop of his Church, denounceth against them the curse that their sins had demerited.  
If occasion required, I could show many other particulars wherein Paradise exemplified the very Church of Christ.  
Again, these rights of honour are likewise prefigured unto us in other examples, under the age of Nature, the time I mean before the flood: for we have therein three great examples of all these his three rights. First, in the creation of the earth he reserved a particular place for himself as the place of his own resort and pleasure, Paradise; which was the very local place of his Church, and therefore out thereof he threw man, being accursed as a profane and excommunicate person. And as touching his portion of time, he figuratively showed the seventh part of our age to belong unto him, as in respect of his Sabbath, when he took Enoch, being the seventh from Adam, to keep his perpetual Sabbath.  
And so likewise all the fruits of the tenth age▪ which was that of Noah (for he was the tenth from Adam) he took wholly to himself: making the evil parts as a sacrifice of his wrath, to honour him by their destruction, and the better parts, which were saved in the Ark of his Church, to glorify his name by their preservation: so that in this time of nature, the full tenth of all things was paid unto God as a propitiatory sacrifice, for of the ten ages from Adam he had the fruits of one whole age, which is all one as if he had had the tenth part of every particular thing as it grew due in every particular age, and so the Church expoundeth in that Canon of the Council of 〈◊〉 where it is commanded that the—   

CAP. XXIV. The time of Nature, after the fall.  
LEt us take a view of the state of Religion before the Law, and from thence unto the calling of the Levites to the service of the Tabernacle. The time before the Law was the kingdom of sin and of death, having no means propounded whereby to escape, but what the light and law of nature taught unto men, who finding themselves fallen from the favour devised by invocation and beating of the heavens, with continual odours and savours to seek for mercy at God's hand, and by sacrificing of bullocks and brute beasts to ransom themselves as far as they might from his heavy displeasure. Therefore in those times though every man might offer oblations and sacrifices that would, yet because the order thereof might be the more certain and reverend, both the children of God, and the Heathen also, ordained to themselves particular persons of greatest worth, wisdom, and sanctity, which they called their Priests to take care of these things, to see them performed in such manner as might make them most acceptable to God. Hereby grew the reputation of Priesthood to be above all dignities, that in those days the Kings themselves in all Nations affected it as the greatest and immediate honour under God himself. Yet because necessity required so great a number of Priests for the service of God, as there could not be had Kings enough for that purpose, therefore other inferior persons were also called to that excellent function; yet such as in one respect or other were still the noblest that were to be found. Therefore even in that time (I mean before the Law was given) God promiseth the Israelites that if they will hear his voice indeed, and keep his covenant, they shall not only be his chiefest treasure upon earth, but they shall be unto him also a kingdom of Priests, Exod. 29. 5, & 6.  
Of these kingly Priests, two are mentioned in Scripture before the Law; Melchisedek Priest and King of Salem, and Revel or Jethro, Prince and Priest of Midian. 
Exod. 16. & 1●  Of other Priests it appeareth in Exod. 19 22. & 24. that there were many. Let the Priests (saith God) that come to the Lord be sanctified; and again, Let not the Priests break their bounds, etc.  
Touching these Priests we find no mention either how they were called to their function, or how they were maintained in it; neither of them that executed that place after the Law was given till the calling of the Levites, which though it were a short time, as not above a year and some months, yet must they have some maintenance and means to live on even during that time. The Priests of Egypt had not only lands for their maintenance, but they also had a certain part appointed them by Pharaoh to live upon; and though it appeareth not by the Scripture what this part was, yet it is plain, that it was such, and so bountiful, as when all the other Egyptians sold their land to Joseph for Pharaoh to save their lives in the famine, they lived upon this part and kept their lands.  
The children of God (no doubt) came not behind the Heathen in devotion, and consequently not in their bounty to their Priests; therefore though we have no authority to demonstrate unto us the particular means wherein they were provided for, before the Law, yet we may very probably conceive it to be much after the manner of the Heathen Priests of that time, for that the Priests and children of God being then scattered amongst the Heathen, as Melchisedek among the Canaanites, Jethro amongst the Midianites, could use no rites nor ceremonies in the worship of the true God, but the Heathen would have the same in the service of their gods: insomuch as nothing is mentioned in the Scripture concerning the same before the levitical Institutions, but it is particularly found among the Gentiles first, touching both their Priests and manner of sanctifying of them, as also touching their offerings, altars, and sacrifices, and the manner of feasting at the sacrifice of thanksgiving used by Jethro, Exod. 18. 12.  
I infer therefore, that seeing the Heathen took their original manner of holy rites from the children of God, that therefore what original rites the Heathen had in their service of their religion, that the same were in use also among the children of God, though they be not mentioned in the Scripture: and consequently, that insomuch as the Heathen universally paid Tithes and first-fruits unto their Gods and Priests, that therefore the children of God did so likewise from the beginning to the true God. And to this agreeth Hugo Cardinalis, saying, It is thought that Adam taught his sons to offer first-fruits and tenths unto God: so that the children of God borrowed it not from the Heathen, or the Heathen from them, but both the one and the other from the law of nature; for as Ambrose saith, God therefore by Moses followed not the fashion of the Gentiles: Non ergo Deus per Mosem Gentilium formam secutus est; sed ipsa naturalis ratio hoc habet, ut quis inde vivat ubi laborat, in Epist. 1 Cor. ca 9 C. 41. Col. c.  
And as the examples of Abraham and Jacob do plainly confirm it to be done by them, so doubtless was it also done by other of the Hebrews; even before the levitical Institutions, and even then holden and taken to be a duty belonging unto God, as plainly appeareth by Gods own mouth in 22. Exod. 29. when he saith, and that before the levitical Institutions: Thine abundance and thy liquor shalt thou not keep back: which all Interpreters agree to be spoken of the Tithe and first-fruits of corn, oil, and wine, and therefore Jerome doubted not so to translate it, viz. Thy tithes and first-fruits shalt thou not keep back: wherein the word keep back, non tardabis, is very materially to be considered, as evidently showing, that it was a custom of old to pay these tithes unto the Lord, and therefore that he now required them not as a new thing, but as due unto him by an ancient usage. That the word non tardabis, thou shalt not keep back, or delay, implieth a thing formerly due, very reason telleth us, and the use of it in other parts of Scripture doth confirm it, for the very same word 〈◊〉 is used in the same sense, Deut. 23. 21. When thou vowest a vow unto the Lord thy God, non tardabis, thou shalt not be slack to pay it, or shalt not keep it back: this is not a commandment to pay or give a new thing, but to pay that is already due, the thing vowed. In the same sense it is said, 2 Pet. 3. 9 non tardat Dominus promissa, the Lord is not slack in performing his promise, that is, not slack, or holding that back which in his honour and justice he hath tied himself to pay or perform; the blessing he promised, which by his promise is made a debt.   

CAP. XXV. That they are due by the Law of God.  
IT is said in Genesis in the end of the 13. ca and so on in the 14. and in the 7. to the Hebrews, That whilst Abraham dwelled at Hebron, in the Plain of Mamre, his brother Lot was carried away prisoner by the four (Assyrian, or Babylonian) Kings, with all that he had, and that Abraham confederate with Mamre the Amorite and his brethren, Escol and Aner, armed his household, even the bondmen as well as free, 318. in all, and pursued them unto Dan, where he smote them in the night, and recovered Lot and the prey: And that as he returned, Melchisedek King of Salem, Priest of the most high God, met him, and gave him bread and wine, and blessed him, and prayed and praised God for him: 
In the Hebrew text it is indefinite which of them gave tithes to other; therefore the jews say Melchisedek gave it to Abraham, but the holy Ghost in the 7. to the Hebrews explaineth it, that Abraham gave them to Melchisedek.  and that Abraham did thereupon give him the tithe of all. This place of Scripture is very material for our purpose, as portraiting unto us the whole model or platform of the Church now under the Gospel, even as if the one were measured out by the other, with a line, or rod, as Moses measured the Tabernacle, and as if God had said as he did unto Moses, See that thou make it in all things like the pattern I have showed thee, Exod. 25. 40. the last. We will therefore stay a while upon it, and consider the action, the time, the place, the persons, and some other circumstances. The action, as having nothing in it belonging to the levitical Law, and therefore a plain direction unto us how 
Codomannus saith in the year 293. some other count it above 370.  to demean ourselves under the Gospel. The time, as performed before the Law was given, namely, about 300. years after the flood, both according to the rites that time, and to be precedent for the time to come after the Law abolished. The places where this action was performed, Hebron, Dan, and Salem; Hebron, a place in Judah where Abraham dwelled afterward, one of the levitical Cities, from whence Abraham departed, when he went into this expedition. Dan, the uttermost limit of the holy land, whither Abraham pursued his enemies, and there slew and chased them. Salem, the place where Melchisedek was King, which by reason of Josephus his mistaking it, is commonly taken 
Melchised. Dei sacerdos, Solymorum quam civitatem postea: Hierosolymam vocarunt. jos. Antiq. l. 1. c. 18. Hieron. in Ep. ad Euagr. et in loc. Heb. Lyra in Gen. 33.  to be Jerusalem, but erroneously, as Jerome and Lyra explain it: for Saint Hierome out of the ancient Rabbins showeth it to be a Town near so called in his time, and men then showing the ruins of Melchisedek's Palace in great magnificence. S. John also doth witness it to be Enon, a known Town in Jeromes time near Jordan, where the spring was that John Baptist baptised in: John also (saith he) baptised at Elim, besides Salem, because there was much 
Joh. 3. 23.  water there: So that the first door that was opened into the Kingdom of heaven by the preaching of the Gospel, the first administration of the Sacrament of Baptism, as S. John here reporteth it, was within the territories of the Kingdom of Salem, that is, by interpretation, the Kingdom of peace and righteousness, which Baptism bringeth by washing away original sin.  
The persons are, Melchisedek, Abraham and his confederates, and family. Melchisedek is the image of Christ, King of righteousness and peace, the Priest of the high God, and a Priest for ever; for the Scripture neither showeth his beginning, nor his ending. A Priest, not anointed with material oil, after the ceremony of the levitical▪ Law, not ordained for a time as Aaron, but established with an oath by God himself to be for ever: and sanctified with the spiritual oil of gladness above all the ranks and orders of levitical Priesthood. Abraham an Hebrew and representing the rest of the Hebrews, God's chosen people: Father of the Jews by Circumcision, and by faith the Father of the 
So that Melchisedek prefigurated the whole Priesthood of Christian Religion, and Abraham the whole Laity; therefore chrysostom saith, Considera quanta sit excellentia nostratis sacerdotii quandoquidem Abraham Patriartha judaeorum progenitor Levitarum comperitur benedictionem accipere à Melchisedec. Orat 4. advers. jud. Sed ita Paulus ipse.  Gentiles. His confederates, Mamre, Escol, Aner, Amorites and Gentiles, representing the whole body of the Gentiles. The family of Abraham, as well bondmen as freemen, all mingled together, and all here marching as under one ensign, not of the levitical▪ Law, which only belonged to the Jew, but of the New Testament, embracing both Jew and Gentile, bondmen and freemen, the children of Hagar as well as Sarah. Their enemies are the idolatrous▪ Assyrtans or Babylonians, who spoil the people of God, and these Abraham pursueth, killeth, and chaseth beyond Dan, that is, out of the Church.  
To apply and moral this to the Church under the Gospel▪ They that are the true children and consorts of Abraham, whether Hebrews or Gentiles, free or bond, who now are all alike, they must depart out of the levitical▪ ●ities, that is, the Ordinances and Ceremonies of the Law: they must fight against the four great Kings, the enemies of Lot, and of the children of God; Sin, Flesh, the World, and the Devil. So Hugo expoundeth them, they must chase and cast 
Superbia vitae, Concupiscentia carnis, Hypocrisis, Ava●●tia vel concupiscentia oculorum. Hugo.  them not only out of the temple of their heart, but out of the compass and bounds of the Church of Christ, and so kill and subdue them by faith and repentance, even when they are asleep, and thereby seem to have surest possession of them. Having thus conquered, Melchisedek, our Saviour Christ, will meet them in their return, but where? not till they come within the territories of Salem, into the bounds of the Church by the sacrament of Baptism; And then he will not stay till he be called and wakened, as he did in the ship with Peter, but as he is our 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, he will 
Multo post futurum Domini sacramentum an●e signavit, ac sacrificio panis & vini mysterium corporis & sanguinis expressit. p. To. 4. 14. c.  come forth of himself and meet them, and give them bread and wine, as Melchisedek did, to strengthen and confirm them, that is, the other sacrament of the body and blood. Then as a perpetual high Priest and Mediator he doth bless them, and make intercession for them, as Melchisedek did Abraham, and his spiritual posterity in the person of Abraham, as well Jews as Gentiles; for in the person of Abraham, Melchisedek blessed both, the Jews as his children by Circumcision, and the Gentiles as his children by faith. Then must we do as Abraham did in his own and our person, give tithe of all to Melchisedek and his Substitutes. Melchisedek gave bread and wine really, and we must also as Abraham did, give him the tithe really. And this tithe was not given to Melchisedek as a levitical duty, but as a duty belonging to God both before the Law, and in 
Ministravit iste Melchisedek Abrahamo & exercitui xenia, & multam abundantiam rerum optimarum simul exhibuit, & super epula● eum collaudare coepit & benedicere Deum qui ei subdiderat inimicos. Jos. Antiquit. l. 1. c. 18.  the time of the Gospel: for Melchisedek met not Abraham with oblations and sacrifice, like a Priest of the Law, but with bread and wine, the elements of the sacrament of the Gospel, which in figure thereof are only remembered in this place by the holy Ghost; though Josephus mentioneth many other rich gifts at this very time plentifully given by Melchisedek to Abraham: So that if Melchisedek in the person of Christ received tithe, then doubtless is tithe due unto Christ, and consequently to his Ministers.  
This is the first place in Scripture wherein tithes be mentioned, therefore some may think it the first time they were paid, but that is no argument; for so it is the first place where a Priest is mentioned, yet no doubt Priests were before. Noah performed the Priest's office when he built an Altar, and offered of every clean 
No fis●, as though the curse extended not to the sea.  beast, and fowl upon it, Gen. 8. 20. And it is very likely that Melchisedek himself had borne the office of a Priest many hundred years before he met Abraham, though the Scripture doth not mention him till the meeting; for if it be lawful to inquire of that the holy Ghost revealeth not, many great Divines are of opinion, that he was Sem the son of Noah; (whom the Salemites had made their King) and it may well be, for it appeareth in Gen. 11. that Sem lived 600. years, whereof 502. after the Flood, and of them 209. in the life of Abraham: So that to those of that new world that Abraham lived in, (I mean after the Flood) he might well seem without father or mother, or any beginning, being born almost 100 years before the Flood, and to have been a Priest for ever. And then in like consequence he might have received tithes of divers other before he thus met Abraham: for that use was common long before among the Heathen, and likely it is, that the Heathen rather learned it of the children of God, then that the children of God should learn it of them, as Hemmingius would have it, who saith, that Abraham gave these tithes of his own accord, following therein (without all doubt) the manner of Conquerors, which were wont to confecrate the tithe of the spoil unto their gods, or to bestow it upon their Priests. I read in Ovid, that Bacchus who lived before this time, having conquered the Indians, and other Nations, sent the first-fruits of the spoil magno Jovi, to great Jupiter: but whether Abraham either heard of it, or took it for a Precedent, that cannot I tell.  

Te memorant Gange totoque oriente subact●  
Primitias magno supposuisse Jovi.  
Cinnama tu primus captivaque thura dedisti,  
Deque triumphato viscera tostabove. Faster. li. 3.   
The next place of Scripture mentioning tithes is the 28. Gen. ver. the last. Jacob going upon his adventure, voweth, that if God will be with him in his journey, and give him meat and cloth, and so that he return safe, then (saith he) the Lord shall be my God, and this stone which I here set up as a pillar shall be God's house, and of all that thou shalt give me, will I give the tenth unto thee. Romulus made the like vow for building the 
Liv. ●. ●.  Temple to Jupiter Feretrius upon Mount Palatine. Tatius and Tarqvinius upon Tarpeius. William the Conqueror for Battle Abbey. But Hemmingius cannot say that Jacob did it by their example, for they lived too too long after him. I think rather that the law of nature and reason taught all Nations to render honour, thanks, and service unto God, and that the children of God being more illuminate in the true course thereof, than the Heathen by the light of reason could be, first began the precedent, and that then the Heathen dwelling round about them apprehended and dispersed it; for the use of paying tithes even in those first ages of the world was general, as hereafter shall appear. But jacob doth not here bargain and condition with God, that if God will do thus and thus, that then he shall be his God, and that he will build him an house, and pay him tithe, and otherwise not; but he allegeth it as showing by this means he shall be the better enabled to perform those debts and duties that he oweth unto God, and will therefore do it the more readily.  
The actions and answers of the Sages are in all Laws a law to their posterity. justinian the Emperor doth therefore make them a part of the Civil Law. The common Lawyers do so allege them, and the Law of the holy Church hath always so received & allowed them. And though Saint Augustine saith, that the examples 
Non ideo nobis proponi exempla justorum, ut ab eis justificemur; sed ut eos imitantes, ab eorum justificatore nos quoque justificari sciamus. Aug. lib. de Catechisand. rudibus. Tom. 4. f. 218.  of the righteous are not set forth unto us, that thereby we should be justified; yet he addeth further, that they are set forth to the end that we by imitating them may know ourselves to be justified by him that justifieth them. Why then should we now call tithes in question, since we find them to be paid and confirmed by two such great Sages and Patriarches, Abraham & jacob? Yea, their payment practised generally by all the Nations of the world for 3000. years at least, never abrogated by any Law, but confirmed also by all the Fathers and Doctors of the Church; and not impugned by a single Author, as far as I can find during all the time I speak of?  
Well; It will be said, that all this is nothing, if the Word of God commandeth it not; for every thing must be weighed and valued by the shekel of the Sanctuary, Leu. 27. 25. They may by the same reason take away our Churches, for I find not in all the Bible any Text wherein it is commanded that we should build us Churches: neither did the Christians either in the Apostles time, nor 100 years after, build themselves 
Perkins dem. Problem. 9  Churches like these of ours, but contented themselves at first to meet in houses, which thereupon were called aedes sacrae. And to show that they were commanded by the levitical Law, will not serve our turn, for it will be said, the Statute of repeal, even the two words spoken by our Saviour upon the Cross, Consummatum est, john 19 30. clearly abrogated that Law: but it is to be well examined, how far this repeal extendeth: for though the letter of it be taken away, yet the spiritual sense thereof remaineth; for Jerome saith, that 
Singulae paen● syllabae, etc. spirant coelestia sacramenta. Tom. 3. Paulin● Epist.  almost every syllable thereof breatheth forth an heavenly sacrament. Saint Augustine saith, the Christians do keep it spiritually, so that if tithe be not given in the tenth, according to the levitical Institution, yet the spiritual meaning of providing for the Clergy our Levites remaineth. But with the precepts of the levitical and Ceremonial Laws divers rules of the Moral Law are also mingled: as the Laws against Witches, Usurers, Oppressors, etc. the Laws that command 
Not to reap every corner of our field, nor to gather our fruit clean: not to keep the pledge that belongeth to the person of our brother.  us to lend to our brother without interest, and to sanctify the Sabbath; for though the Institution of the Sabbath be changed, yet the spiritual observation remaineth, and that not only in the manner of sanctifying it, but as touching the time also, even the seventh day. Notwithstanding I find not, that the Apostles commanded us to change it, but because they did change it, we take their practice to be as a Law unto us: yet though they changed the time, they altered not the number, that is, the seventh day. I will then reason that God hath as good right to our goods of the world, as to the days of our life: and that a part of them belong unto him, as well as the other. And the action of Abraham and Jacob may as well be a precedent to us for the one, (in what proportion we are to render them) as that of the Apostles in the other; for both of them were out of the Law, the one after it, the other before it: And why may not the limitation of the day appointed to the Lord for his Sabbath be altered and changed, as well as the portion appointed to him for the tenth? You will say, the seventh day was not due to him by the law of nature, for then Abraham and the Fathers should have kept it before the Law given, but it held the fittest analogy to that natural duty, that we owe to the service of God; and therefore when that portion of time was once particularly chosen by God for his service, by reason himself had commanded it under the Law, the Apostles, after the Law was abolished, retained it in the Gospel: And so since the number of the tenth was both given to God before the Law, and required by him in the time of the Law, being also most consonant to all other respects, great reason it is to hold it in the age of the Gospel. Yet with this difference, that in the old Law the Sabbath was the last part of the seven days, and in the Gospel it is the first, because our Saviour rose from the dead the first day of the week, and not the seventh.  
God is our Lord, and we owe him both rent and service: our service is appointed to be due every seventh day, our rent to be the tenth part of our increase. He dealeth not like the hard Landlords, that will have their rent though their Tenants be losers by their Land, but he requireth nothing save out of their gain, and but the tenth part thereof only. These two retributions of rendering him the seventh day of our life, and the tenth part of our goods, are a plain demonstration to us, of our spiritual and temporal duty towards God. Spiritually, in keeping the Sabbath▪ and temporally, in payment of tithes, that is, in providing for his Ministry, and them in necessity; the one being the image of our faith, the other of our works: for seven is the number of spiritual sanctification, ten the number of legal justification. Therefore to pay all the nine parts was nothing, if we failed in the tenth; for the tenth is the number of perfection, and therefore required above all other as the type of legal justification. And as our faith is nothing without works, so neither is the Sabbath without tithes: for they that minister to us the spiritual blessings of the Sabbath, must receive from us the temporal gratuities of Tithing.   

CAP. XXVI. That they are due by the Law of Nations.  
THe Law of Nations is that which groundeth itself upon such manifest rules of reason, as all the Nations of the world perceive them to be just, and do therefore admit them as effectually by the instinct of nature as if they had been concluded of by an universal Parliament. Therefore in truth, this is no other, but that which the Philosophers call the law of Nature; Orators, the law of Reason; Divines, the Moral law; and Civilians, the Law of Nations. As far then as Tithe is due by one of these, so far likewise it is due by all the rest: and consequently the reasons that prove it in the one, do in like manner prove it in all the other. I will not therefore insist here upon arguments, but remit you to that hath been formerly said touching the law of Nature, and demonstrate unto you by the practice of all Nations, what the resolution of the world hath been herein through all ages.  
So ancient it is among the Heathens, that good Divines are of opinion, that Abraham took example thereof from the Heathen: but others with more reason conceive it to be practised even by the children of Adam as well as sacrificing and the offering of first-fruits, as by the opinion of Hugo Cardinalis I have showed in another place.  
Besides, I find not any mention of Tithe paid by the Gentiles, before the time of Dionysius commonly called Bacchus, who having conquered the Indians sent a Present of the spoil Magno Jovi, as Ovid witnesseth; and this was about 600. after that Abraham tithed to Melchisedek.  
Cyrus' having collected a great sum of money amongst his captives, caused it to be divided, & delivered the tithe thereof to the Praetors, to be consecrated to Apollo, and Diana of Ephesus, as he had vowed. Xenophon in Cyro. l. 5.  
Alexander the great having conquered the Countries of sweet odours and frankincense sent a whole ship-loading thereof to Leonides in Greece, that he might burn it bountifully unto the Gods. Plin. li. 12. c. 24.  
Posthumius having overthrown the Latins, paid the tithes of the spoil, as before he had vowed. Dionys. Halicar. li. 6. Livius.  
Nebuchodonosor did the like (too bountifully as Josephus 
Largissime nimis.  reporteth it) to the Temple of Belus. Ant. l. 10. C. 13.  
Rhodopis a Thracian woman, before the time of Cyrus, gave the tenth part of all her goods unto Delphos. Herodot. Euterpe, pag. 139.  
The Crotoniati warring upon the Locrenses, vowed the tenth part of the spoil to Apollo: but the Locrians, to exceed them in their vow, vowed the ninth part. Alex. ab Alex. 165.  
Agis King of Lacedaemon went to Delphos, and there offered his Tithe unto God. Xenophon de rebus gestis Grae. li. 3.  
Agesilaus conquered so much of his enemy's Country, that in two years he dedicated above an hundred talents to God for the Tithe. Xenoph. de Agesil. laud.  
The Liparians having overcome the Hetruscians in many sea battles, sent the Tithe of the spoil to Delphos. Diodor. 292. l. 40. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  
The custom of the ancient Gauls (and so likewise, no doubt, of our British Ancestors) was to give all (in effect) that they got by the wars unto their gods, as Caesar witnesseth, and to sacrifice the cattle so taken. De Bell. Gal. lib. 6. 132.  
And this use of Tithing the spoil obtained in war was every where so ordinary, that Croesus the King of Lydia being overcome by Cyrus, and taken into mercy told him, as advising him for his good, that he must of necessity render the Tithe of the spoil unto Jove, and that he should therefore set a guard at every gate of the City to prevent the soldiers from embezzling of it. Herodot. in Clio. li. 1. p. 36.  
I reckon up these particulars the more willingly to beget shame and remorse, if it were possible, in the soldiers of our time, that having been exceedingly enriched in this kind, have not I fear remembered God, with so much as Croesus did, when he sent no more but his iron shackles to Delphos. Herodot. ib. fo. 37. Yet God had 7000. servants that Elias knew not of, and therefore I will not judge them.  
As Military men abounded thus with devotion, so those of peaceable professions came not behind them; for Festus witnesseth, lib. 4. p. 213. l. 67. That they of the old world offered every tenth thing unto God; and Varro in his Book, De re Rustica, adviseth every man to pay his Tithes diligently of the fruits of his ground.  
Therefore because the Sicilians were more happy in corn, than other Nations, they exceeded all other in thankfulness to Ceres, as appeareth by Diodor. Sic. 288. in pede, etc.  
And for that the Athenians were next in that felicity, they did the like, and instituted further in her honour, initia Eleusina, i. the feast of the first-fruits, which for the great antiquity and holiness thereof were, as Diodorus reporteth, celebrated of all the people of the world.  
Pliny saith, the Arabians tithed their frank incense to their god Sabin, not by weight, (as sparingly) but by measure, as a more bountiful manner. Lib. 12. ca 24. pag. 184. L. 57  
The Aethiopians cut not their cinnamon, but with prayers made first to their gods, and a sacrifice of 44. Goats & Rams: and then the Priest dividing the cinnamon, took that part belonging to their god, and left them the rest to make merchandise of. Plin. l. 12. ca 19 fol. 286. in pede.  
The Siphnians sent at one time so great a Tithe out of their silver and gold mines to Delphos, as the richest man of that age was not more worth. Herodot. Thalia, lib. 3. fol. 180.  
The Romans, and generally all Nations, paid the 
Neque Herculi quisquam decumam vovit unquam si sapiens factus esset. Cic. de Nat. Deor.  Tithe of their fruits to Hercules, and they held it the happiest thing to vow the payment of them faithfully: and they thought that the cause that Lucullus abounded so much above other in wealth was, that he paid his Tithe so faithfully. Alex. ab Alex. lib. 3. 165.  
As they paid their Tithes out of the fruits of the earth, so did they likewise out of their privy gains and industry.  
Herodotus writeth, that the Samians (a small people) yielded at one time six talents for the Tithe of their grain gotten by merchanchise. Melpom. li. 4. 267.  
And that nothing might go untithed, the Ancients paid a Tithe of the very beasts killed in hunting, namely, the skins thereof to Diana.  

Et penet in Trivia.——  
—— Dives praedae tamen accipit omni  
Exuvias Diana tholo.—— Papin.   
So Hesodius offered the tripod he won at Amphidamas game, as the prize of Poetry, and upon the altar of the Muses.  

Additions to the 26. Chapter of the Law of Nations.  
These Laws of the Heathens are but few of many more that might have been collected; If any Reader therefore desire to be further satisfied touching the practice and custom of the Gentiles, in payment of tithes, he may abundanly receive content from M. Selden in his History, cap. 3. and Montague in his Diatrib. cap. 3. out of both some collections are here added.  
Some perhaps will say, it is less material to consider their doings, seeing we Christians have the light of Israel to direct us, and the assured Word of God to our guide; as for the customs of the Gentiles, they might in many things imitate Gods own people, but we may have recourse to the fountain of all truth, to Him, who is the way, the truth, and the light.  
It is true, but God himself hath been often pleased to upbraid and provoke his own people, by the example of a foolish and ignorant people, and to call heaven and earth to witness against his own, when they have been obstinate and perverse in their ways. And our Saviour saith, that the men of Ninive shall rise up in judgement, and also the Queen of Sheba, against them who neglected so great means of salvation and instruction, as the people enjoyed, when he and his Disciples preached to them; and that it shall be more tolerable for Sodom and Gomorrah at the last day, then for Chorazin and Bethsaida, who heard his doctrine and saw his works.  
So doubtless we Christians in this last age, in this light of learning and sunshine of the Gospel, may learn by the examples of the very Heathens, who were so precisely observant both of the quantity, the tenth, and of the quality, in giving the best of the increase, which must needs proceed out of some secret inclination unto that practice, whereof (as in many other remains of natural notions) they knew no reason, but were secretly inclined thereto, by that Providence which disposeth all things, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or at least, from long continued practice and traditions, as they had many, taken from divine instruction at the first, though whence they had them they could not tell; not utterly abolished and obliterated in the darkness of Pagan errors.  
Paulus Diaconus, in his abridgement of Festus, doth witness the general practice of the Gentiles: Decima quaeque veteres diis suis offerebant.  
Diodorus Siculus, lib. 4. saith, That Hercules being very well pleased with the kindness of the Inhabitants of Palatium, foretold them▪ that after his Canonication those that would consecrate the tenth part of their substance unto Hercules, should be very fortunate and prosperous in the whole course of their life: which continued, saith Diodorus, a custom unto my time; and he lived in the days of Julius Caesar. And prosecuting the point, doth instance in Lucullus, and other wealthy Romans, saying, Many Romans accordingly, not only such as were of very mean estates, but also many of the richest sort have made these vows unto Hercules, to give him the tenth of all: and they becoming afterward very wealthy, have accordingly given unto him the tenth, their state amounting to M. M. M. M. Talents. L. Lucullus, well-nigh the wealthiest Roman of his time, making an estimate of all that he was worth, gave the tenth in oblation unto this Deity: which tenth he laid out upon many and sumptuous feast to his honour, gifts to his Temples, and the like.  
And these Herculean Tenths were, Therumatus, of a fair eye, given with a liberal and plentiful hand, as appear by that which Sylla, Lucullus, and Crassus did: So Plautus useth, obsonare pollucibiliter, to riot it, and fare as they do that sacrifice unto Hercules; and quaestus Herculeus, exceeding great gains: which is a most sure proof how prodigally liberal these Pagans were in paying their tithes of their never so great wealth unto their poppet gods, having never heard of the reward of the righteous, nor happiness in heaven, laid up for all those that so honour God. And to this doth Tertullian allude, speaking 
Apologet. c. 39  of the prodigality of the Gentiles in such Feasts. Herculanarum decimarum & polluctorum sumptus tabularii supputabunt. Which ready forwardness of theirs, shall one day rise up in judgement, and cause it to be easier in the day of vengeance for those Pagans that knew not God, than it will be for many millions of Christians, that are both witty and courageous to withhold from God his due, and defraud him of that which in his name, and for his right sake was given unto those that intruded on his place, as an annexum thereto amongst the Pagans.  
Halicarnasseus reporteth, that the Pelasgi in a dearth 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  and great scarcity of all things, vowed, upon plenty sent unto them, to give the tenth of all that God should send unto them, unto Jupiter, Apollo, and the Cabiris, or the Samothracian Deities: intending that this misery and scarcity came unto them for their former neglect and contempt of that part of piety. Upon this vow of amendment, they had their desire; plenty was sent them, and then, setting aside the dedicate portion, the tenth of all their increase of their grounds, and of their cattle, they offered it unto those gods.  
The perpetual use and practise amongst the Romans appeareth 
Lib. 3. Satur. 5.  by Trebatius, who wrote (saith Macrobius) de religionibus, of the religious rites and ceremonies of the Pagans. Trebatius in that Book, as Arnobius telleth us, declareth a custom yearly with the Romans; That the increase of their Vintage was by solemn words and formalities set apart from ordinary and common use: for until that ceremony so performed, whereby God did as it were give possession unto men, He as the giver of all things, and so of that natural increase, had in their opinion (and this is a most remarkable passage for the right of Tithes, as they opined) right unto, and interest in all. Nor was it lawful among them for any man whatsoever, to use his own as his own, though it grew upon his own ground, was manured, tilled, sowed, set, preserved at his cost, with his labour and diligence, until God had given him leave to do it, being supplicated and solicited thereunto by this formal ceremony. This is the sum of Trebatius discourse in Arnobius.  
This is that which may shame and confound all Christians, that acknowledge no such right God hath, nor will be induced to profess it so: this will rise up in judgement against all maligners at, and detainers of the Church's portion in Tithes, Gods right, our inheritance, by better conveyance then Muncipall Laws can afford any. Cato de re rustica, ca 132. hath the practice and the form.  
Jupiter dapalis, quod tibi fieri oportet (mark the word oportet, a matter of necessity; not of voluntary devotion) in domo, familia mea, culignam vini Dapi ejus rei ergo. macte hac illace dape pollucenda esto. then, manus interluito, vinum sumito. He that performed this ceremony, 
Hujus rei cura non levis in Latio— nam flamen Dialis auspicatus vindemiam, et ut vinum legere jussit agna ●ovi facit. Varro.  was to do so, and then to say, Jupiter dapalis, macte istace Dape pollucenda esto: macte vino inferio esto.  
Nor did they thus appropriatly use this ceremony unto only Jupiter, but unto what Deity soever they did, acceptum refer their increase.  
Quoties aut thus, aut vinum super victimam fundebatur 
In 9 Aeneid.  (saith Servius) dicebant; Mactus est Taurus vino, vel thure: hoc est, cumulata est hostia; magis aucta est hostia. And Cato hath the same form of words concerning other sacrifices besides this, cap. 130. 141. 134. Arnobius in zeal to Christian religion, derideth and scoffeth at this Pagan use and ceremony; but because they did not, recte offer, do it to the true God: not because they did not, rite dividere, do that which was not to be done: not the thing done, but done unto Jupiter, and unto Idols, not to the true God of heaven and earth, was blamed. Withal he giveth us to understand, That this erroneous act of theirs, had beginning from a true ground: That, The earth is the Lords and all that therein is; that, He hath given it to the sons of men; that it is, He that openeth his hand, and filleth all things living with plenteousness; that tithes and first-fruits are given unto God, to recognize his supreme dominion over all: his admirable goodness in giving us whatsoever we possess: and that by giving of them back unto him, as it were a certain quitrent unto the Lord Paramount, thereby we do, and not otherwise, a choir unto ourselves a right unto the Remains, with an interest therein, and not otherwise, to use them unto our own behoof; which if we do not, we are but Usurpers and Intruders. For all the world, as the Jews did, who might not, durst not meddle with the increase, until they had paid God his due, and thereby purchased liberty to use their own. Thus the Gentiles who had not the Law, by direction and light of nature though so much obscured, yet did the things of the Law.  
Concerning the Siphnians (whereof mention is made already) 
In Phoc.  it is further to be remembered, what Pausanias expressly relateth of them: who saith, when covetousness made them leave paying that tribute of Tithes, the sea broke in upon them and swallowed up their mines; a just vengeance upon detainers of Divine right, by dishonouring of God to lose all. So long as yearly they paid Tithe of the increase, so long it was well with them: so soon as they defrauded God of his right, God turned them in justice and vengeance out of all.  
Aristotle reports, that Cypselus had a special regard to the tenth, as competent to a Deity, when he vowed all the goods of the Citizens, if he could get Corinth. 
Oeconom. 2.  Aristotle was the great dictator of learning, in whom God would remonstrate what he could do in mere Nature, without supernatural endowments of grace; he speaks directly, That the tenth part is competent to a Deity, and that, He vowed all the goods; but because this vow employed an absurdity, unless he meant, which he did not intend to ruin the City, he was fain to have recourse unto the ordinary use of Tithing: but so, that the Tithe decies repetita, should answer the proportion of his vow: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, having made a rate and cessement of every man's goods and state, he took the tenth part, for that year; and so the next for ten years together, leaving them nine parts to trade with and live upon. Every one did not so, but every Conqueror that would not be unthankful gave the tenth, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, unto God; with us daily, men are not thankful as they ought; yet they should be grateful.  
Agesilaus, whiles he warred in Asia and had the spoil 
Xenophon▪  of that wealthy Country, made such havoc upon the enemy, that within the compass of two years, he sent more than one hundred talents, tithes, unto Delphos, which proveth an ordinary Spartan use and custom at least.  
The same Agesilaus having vanquished the Thebans, 
Xen. Hellen. l. 4.  and their associates, in a great battle at Coronaea, though having received many wounds in the fight, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, forgot not God, saith Xenophon, nor to be thankful unto God.  
That Retreat which Xenophon made with his ten thousand men out of upper Asia, is the most remarkable piece of service one of them in all Antiquity. In this hazard, Xenophon, as himself relateth it, gave decimam spoliorum, partly unto Apollo, partly unto Diana of the Ephesians.  
The tenth being separated for these two Deities, was by general consent committed unto the Captains to be dedicated. That for Apollo was laid up at Delphos in the Athenian Treasury (for most Nations of Greece had a several one there.) But with that other part, Diana's part, Xenophon purchased a piece of ground, and built there a Temple, and an Altar, and appointed the tenth of the yearly increase for ever unto that service. This is a passage very considerable, there being not such an express and observable example in all Antiquity for Tithe in this kind with an endowment of a Church with lands. Sacred is that land unto Diana; whosoever possesseth or occupieth the ground, must every year consecrate the tenth unto the service of Diana, and employ the rest upon the fabric and upholding of the Temple. Tithes of spoils commonly paid amongst the Grecians, but not accustomed in this sort to be employed. A general sacred Revenue appropriated to a special end; where besides the profits and Revenues of this land tithed, what was purchased with the tithe at first, unto Diana, as precedent of the trade, and the chiefest ranger amongst Pagans, Tithe of Venison and Game is said in the same place to have been paid.  
Diodorus Siculus in his elventh Book hath three several 
Pag. 259.  instances, for tithing spoils of war; the first of Pausanias, and the Grecians, that having vanquished the Persians, and slain Mardonius in the field: Set apart the tenth of the spoils, and therewith caused a tripos of gold to be made, which they dedicated at Delphos; no vow preceding, nor other intimation being, but as done out of duty and ordinary profession of thankfulness.  
Another of Cimon the Athenian General, who remaining 
Pag. 270.  victor at the battle upon the River Eurymedon, as Pausanias had done, so did he, set out the tenth of the spoils, as God's part, sacred and dedicated unto him, to God in general, not naming Apollo, or any else.  
In a third place, the Argivi having made the Mycenians 
Pag. 276.  their slaves and captives, consecrated the tithes of all they took to God, and utterly razed the Town Mycenae.  
Porphyry declareth, that first-fruits were given unto God, (and what is said of first-fruits must be granted of 
Lib. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  tithes) out of devotion by the Pagans, of all things useful to the life of man: as of corn, honey, wine, oil, cakes, and what not? Those that gave nothing by way of thankfulness, out of their increase and store, were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, irreligious-people; not serving God, without piety: who never escaped punishment for their Atheism. The Thoes a people confining upon Thracia, that never used to give God first-fruits of any thing which they enjoyed, nor offered any thing at all unto the Deity, were utterly destroyed out of the earth. The reason is well given by that profane Porphyry, why men give tithe, first-fruits, sacrifice, and the like, out of the secrets of Christian mysteries, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, for all that we have or enjoy is Gods, though the use or enjoying thereof seemeth to be ours, which reason being eternal, and undeniable in nature, professed and acknowledged by Naturalists, without light of grace, none can doubt, but that the practice in being was out of that persuasion, and so of duty, and necessary tye, which none but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Pophyrie calleth them, did neglect: and for contempt whereof, even in opinion of Pagan Antiquity, exemplary punishment was inflicted on that people. No men, nor City, nor stone remained, and their memorial perished from off the earth, saith Porphyry.  
The learned Greek Grammarians do testify and expound, the custom of tithing by the Grecians, as Valerius Harpocration saith: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, for they tithe all the spoils gotten of the enemy unto the gods. And long before Harpocration, the learned Grammarian Didymus for his indefesse reading and writing, surnamed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Ironside, or heart of Oak, saith, as he is cited by Harpocration, that properly and primarily, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to pay the Tithe, was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to sanctify, dedicate, or consecrate unto divine service, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, In as much as it was a general custom amongst all the Grecians to give the tenth of any their increase unto the gods. These two learned Grammarians did know what was the ancient use among the Grecians, better than any man now: because they did only hoc agere, having no other profession to distract their studies: and especially because both of them had, especially Didymus, those helps in their days, which none can attain now unto; the Authors being lost, whom they saw and perused, whereby they might learn the Grecian customs more particularly.  
Besides the practice of the Romans and Grecians, other barbarous Nations did observe the Law of Tithing: For in the remains of natural understanding & notions, the Barbarians had a part as well, & often a greater part than the Grecians or Romans more civilised Nations had; and commonly the ancientest customs are to be found amongst the Barbarians, and not among the Grecians, nor Romans, as common experience observeth. The Carthaginians sent the Tithes of their Sicilian spoils unto Hercules at Tyre, for Hercules was the chief Patron and Protector of Tyre, and the Carthaginians were a Tyrian Colony. Nor did they send their Tithe once, or sometime, or as they would, out of arbitrary devotion, but of ancient and ordinary custom, as Diodorus Siculus reporteth; which growing into disuse, through negligence and disregard in long tract of time, many dysasters in war, and other crosses in affairs of State befell them. And thereupon to reconcile themselves, and appease Hercules, they renewed again the forgotten custom, and sent thither not only the Tithe of the spoils, but of all things increasing and renewing yearly. Thus much is reported by Diodorus, where he relateth into what straits the Carthaginians were driven, and into how many hard assays, by Agathocles the Sicilian. It is a memorable place for such piety; therefore it shall be here recited.  
The Carthaginians supposing that these losses and dysasters were sent unto them of God, betook themselves to all manner supplication and devotion; and for so much as they supposed Hercules especially to be angry with them, who was chiefly worshipped at Tyrus, from whence originally they were extracted, they sent exceeding great presents and rich gifts thither. Being thence descended they were accustomed in former times to send unto Tyre the tenth for Hercules, of all their Revenues and increase, any way renewing, issuing or growing; but becoming in process of time very wealthy, and having exceeding great comings in, they sent very seldom their Tithe, and that but small and refuse, unto Tyre, in neglect and disregard of the Deity. But upon this great loss, coming home to themselves, and repenting of their irreligion, they became mindful of the Gods, all that were worshipped at Tyre, and sent unto them the tenth.  
Altogether as we use to serve God. Phryx plagis. Israel when God smote them, than they repented, returned, and honoured him: but when he turned his hand, they turned their hearts. So the Carthaginians being plagued first, returned unto their former custom, (an ancient custom beyond the memory of man, and yearly, not sometime) and gave willingly in abundance their tenth part of all their comings in: not so much but of their children they gave the tenth, for they used to sacrifice them unto Saturn, as Israel did in the Valley of Hinnom. Old Father Ennius remembreth this custom, Poeni sos folitei sont sacrificare puellos: which custom seeing it remained unto Tiberius Caesar's time, it is not likely they disused the other tenths.  
In like manner Gelo the Sicilian having vanquished the Carthaginians in a most memorable battle, and slain of them in the field an hundred and fifty thousand men, the greatest blow for massacre of men, that they at any time received in any battle: Gelo having achieved this, he reserved several and apart the best and principal of the spoils (which cannot well be denied to be a tenth) meaning to adorn and honour the Temple at Syracuse: of the remains he reserved another portion (without all doubt in quantity another tenth) which he dedicated in the principal Churches of Himera; the residue, after God had been served, he parted among his soldiers and confederates.  
Thus it appeareth what the custom of Tithing was among the Heathens, which doubtless they learned as many other things, from the people of God; as the ancient Fathers have observed touching many passages of practice in holy writ: there especially, when they entreat, the Graecorum furtis. So the names of Deities, and other particular usages, they received from the Hebrews, (though with much difference and variety, both as coming far, and not well apprehended, or understood in the carriage and delivery) so also it is very probable, that of them the Syrians, Phoenicians, and Egyptians, first learned to give the tenth unto God, and other holy usages, and then more remote Nations afterward: which might well admit in passing up and down, and in long continuance, much variety, and not fully in every point answer the prototype, or original.  
But from whence soever they received their first direction, for custom and practice they most part went beyond Gods own people: which though it be strange, yet so it is, that in zeal unto piety and the service of God, not only Samaria hath exceeded Jerusalem, but even Babylon put down Zion. And so Theodoret complaineth, that the heathens did give their tenths and first-fruits, to be employed in their idolatrous service, to the maintenance of their Temples, Oratories, Priests, and Altars, in more liberal manner then Christians: but saith he, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Such honour (saith he, speaking of the care taken for the Egyptian Priests, Gen. 47.) the Priests of the living God, and Ministers of our Redeemer Christ Jesus have not with us. And much less have they in these days, especially with us, who boast to have reform things amiss. For yet, amongst those of the Church of Rome, it is otherwise, that think nothing too dear for their Jesuits; and have their Priests in so great respect, that they fall down on their knees and desire their blessing every morning: but,  

Nuper Tarpeio quae sedit culmine cornix,  
Est bene, non potuit dicere, dixit, erit.   
Mr Selden saith, that the Turks pay the tenth according to the Mosaical Law, which they receive as authentic, but keep it according to Mahomet's fancy, and the doctrine of his Canonists.  
Mr Blunt an accurate observer in his travails affirmeth, that the Turks in their principal Cities have very stately Moskeetoes (i Churches) of magnificent building, accommodated with goodly Colleges for the Priests lodgings, and Baths, equal to the Monasteries of any City in Christendom.  
Aelian relateth (as Mr Selden citeth him) that some kind of beasts in Africa, always divided their spoil into eleven parts, but would eat only the ten, leaving the eleventh as a kind of first-fruits or Tithe: and why may not beasts of the field teach men the practice of piety? seeing man that is without understanding is compared to them.  
Thus Jews, Pagans, Turks, and some beasts have had a care to pay Tithes, but many Christians in these times come far short in their duties, and may be upbraided with these examples: Which are here more largely insisted on, to show the impiety of many men in these last days, who are more inexcusable, then ever any people were, because we have the rules and practice of all ages set before us for our direction; as before the Law of Moses, in Abraham and Jacob: and likewise under the Law, during the Priesthood of Aaron: and since under the Gospel abundant light to guide us: besides all the Records, Histories, and Monuments of God's judgements in former times to instruct us. All which (saith the Apostle, 1 Cor. 10.) are written and recorded for our admonition, upon whom the ends of the world are come. If we therefore offend now, we are greater sinners than any former people, as sinning against conscience, knowledge, and examples of all ages; and like to the servant, that knew his Master's will, but did it not, who therefore must be beaten with many stripes.    

CAP. XXVII. That they are due by the Law of the Land.  
AS they are due by the law of Nature, and of Nations, by the Law of God, and of the Church: so are they likewise due by the very Temporal Laws of the Land, as well ancient as later; therefore Edward the elder, and Guthrun, Saxon and Danish Kings, punished the not payment of Tithes by their temporal Constitutions. Lambard. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, pag. 54. Tom. 1. Concil. Britan. pag. 392.  
King Athelstan about the year of our Lord 924. not only decreed them to be paid, by himself, his Bishops, aldermans, and Officers, but maintaineth that his Law by the example of Jacob, saying, Decimas meas, & hostiam pacificam offeram tibi; and by other effectual Authorities: providing precisely, that his own Tithes should diligently be paid, and appointing a time certain for doing thereof, viz. the feast of the decollation of S. John Baptist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, pa. 57 Tom. 1. Concil. p. 402.  
King Edmund about the year 940. in a solemn Parliament, as well of the Laity, as Spiritualty, ordained that every man upon pain of his christendom, and being accursed, should pay them truly. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, pag. 73. Tom. 1. Concil. pag. 420.  
King Edgar in a great Parliament about the year 959. confirmed the payment of Tithes, assigning certain times when every thing should be paid, viz. the Tithe of all young things before Whitsuntide, of the fruits of the earth by the harvest equinoctial, (i. about the 12. Septemb.) and of seed by Martimas; and this to be done under the pain mentioned in the Book of the Laws of the Land: whereby it appeareth that the Laws of the Land had anciently provided for the payment hereof (though the Book remaineth not to us at this day) as well as the Laws of the Church. And he further enacted, that the Sheriff as well as the Bishop and Priest, should compel every man to pay their Tithes, and should set it forth, and deliver it, if they would not, leaving to the party offending only the 9th part: and that the other eight parts should be divided, four to the Lord, and four to the Bishop; and that no man should herein be spared, were he the King's Officer, or any Gentleman whatsoever. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 77.  
Tom. 1. Council pa. 444.  
King Canutus, about the year 1016. made the like Law, with some little enlargement, as appeareth in his 
Tom. Con. pag. 544.  Laws, ca 8. and as Malmesbury testifieth, strictly observed all the Laws of the ancient Kings, de gestis Regum Angl. lib. 2. p. 55. And he wrote also about the 15. year of his reign from beyond the seas a long letter to all the Bishops and Nobility of England, conjuring them by the faith, that they ought both to himself, and to God, that they caused these Laws touching Tithes and Rights of the Church to be duly executed, and the Tithes to be paid as abovesaid. Malmsb. p. 74.  
But King Edward the Confessor, about the year 1042, made all certain; namely, that Tithe was due unto God, and should be paid, the tenth sheaf, the tenth foal, the tenth calf, the tenth cheese; where cheese was made, or the tenth days milk, where there was no cheese made; the tenth lamb, the tenth fleece, the tenth part of butter, the tenth pig; and that they that had but a calf or two, should pay for every of them a penny. And to this price is the Parson generally holden at this day, when ten of our pennies are scarcely worth one of that time. He also ordained, that Tithe should be paid of bees, woods, meadows, waters, mills, parks, warrens, fishings, coppises, orchards and negotiations: and out of all things, saith the Law, that the Lord giveth, the 
For the Sheriff and Bishops were in those days, the King's Justices in every County, and all matters were heard and decided before them.  tenth is to be rendered unto him that giveth the nine parts with the tenth: and bindeth the Sheriff, as well as the Bishop, to see this executed. And all these were granted, saith the Book, by the King, Barons, and Commonalty, as appeareth in those his Laws, cap. 8. and Hoveden Annal. part. poster. pag. 602.  
Long after the learned Author had written this, he published the first Tome of our English Counsels, wherein not only these Laws mentioned, are recited, but also many other Laws and Constitutions concerning Tithes, by other Kings and Parliaments of that age. It would have been an easy matter to have inserted them at large here, being there set down in order of time successively; but because I am unwilling to add any thing, or alter in the text of his discourse; and that the Tome of the Counsels is obvious to every man's perusal, I will only add some brief references to them, as also to M. Selden, in the eight chap. of his History, who hath recited them all, and some more than are here mentioned. From both (these learned Lawyers) the studious Reader may be abundantly satisfied, especially when the second Tome of the Synods shall be extant, there will be full testimony of our own Laws, to confirm this truth, for 500 years after the Conquest, as these are for 500 years before it.  
When Gregory the great scent Augustine, (about the year 600. Chr.) assisted with 40. Preachers, to publish the Gospel to our forefathers in England, it is testified by the Laws of Edward the Confessor among other things, that he preached and commanded Tithes to be paid.— Haec beatus Augustinus praedicavit & docuit, & haec concessa sunt à Rege, Baronibus, & populo, sed postea instinctu diaboli multi eam detinuerunt, etc. and all this was confirmed by the King, and his Barons, and the people.  
Tom. 1. Concil. Brit. pag. 619. § 8, 9  
Egbert Archbishop of York, brother to Eadbert King of Northumberland, published Canons about the year 750. (which did bind all the Northern parts, and Scotland in those days) wherein he directeth all Ministers to instruct their people, when, and how to pay their Tithes.  
Tom. 1. Con. pa. 258. Can. 5, etc.  
About the year 786. in the time of Offa, a great King of Mercia, and Helfwood, King of Northumberland, and the two Archbishops, there was a great Council held by two Legates from Hadrian the first, wherein Tithes were established; and it was likewise confirmed in the South part by the King of West-Saxony. And as M. Selden saith, it is a most observable Law, being made with great solemnity of both powers of both States. History cap. 8. pag. 201.  
Tom. 1. Con. pag. 291. Can. 17.  
In the year 855. King Ethelwolph by the consent of all his Baronage and Bishops, granted the perpetual right of Tithes to the Church, throughout his whole kingdom, and that free from all taxes and exactions used then in the State; and this statute is very remarkable, and was confirmed by other Kings, Brorredus, and Edmundus of East-Angles.  
Tom. 1. Con. pag. 384.  
For the Northern Clergy, there was a Law made to punish the nonpayment of Tithes.  
Tom. 1. Con. pag. 501.  
In a great Parliament at Earham, Anno 1009. by all the States assembled under King Ethelred, Tithes are commanded and confirmed.  
Tom. 1. Con. pag. 510, etc.  
Maccabeus, an ancient King of Scotland, confirmeth Tithes in his Laws. Con. pag. 571. Anno 1050.  
In the Canons of Aelfric, Tithes are confirmed, Anno 1052. Con. pag. 572.  
These and many other Constitutions and Laws are particularly, and more fully recited in the first Tome of our Counsels, and in Mr Seldens History, cap. 8. from whence the Reader may please to take satisfaction, for the space of some 500 years before the Conquest.  
William the Conqueror in the fourth year of his reign, when he took a view of all the ancient Laws of the Land, he first confirmed the liberties of the Church, because that by it (saith Hoveden) the King and the kingdom have their solid foundation (pag. 601.) and herein amongst other Laws of King Edward, these particularly touching Tithes; which Hen. 1. also did Anno 1100. as appeareth by Mat. Par. pa. 53.  
The like did also Hen. 2. in the 26. year of his reign, as Hoveden witnesseth, pa. 600.  
And for a perclose of all that went before, or should follow after, King Hen. 3. in the ninth year of his reign, by that sacred Charter made in the name of himself, and his heirs for ever, granted all this a new unto God. We have granted (saith he) unto God, and by this our present Charter have confirmed for us, and for our heirs for evermore, that the Church of England shall be free, and shall have all her holy rights inviolable. Magna Charta cap. 1. And that this Charter might be immortal, and like the sanctified things of the Temple, for ever inviolable, it was not only fortified by the King's Seal, (the sacred Anchor of the kingdom) but by his solemn oath, and the oath of his son, and the Nobility of the kingdom. Yea, the whole kingdom yielded themselves to stand accursed, if they should at any time after impeach this grant. And therefore in the 
V. Rastals Abridge. de sta●tit. Confirm at. Sentenlia lata super chartas.  25 Ed. 1. a special Statute was made for confirmation of this Charter, wherein amongst other things it is ordained, that the Bishops shall excommunicate the breakers thereof; and the very form of the sentence is there prescribed, according to which upon the 13. Maii, Anno 1304. Ed. 1. 31. Boniface the Archbishop of Canterbury, and five other Bishops solemnly denounced this curse in Westminster Hall, the King himself with a great part of the Nobility being present. First, against all them 
Vid. Pupil. oculi. part. 5. cap. 22.  that should wittingly and maliciously deprive, or spoil Churches of their rights.  
Secondly, against those that by any art or devise infringed the liberties of the Church or Kingdom, granted by Magna Charta & de Foresta.  
Thirdly, against all those that should make new Statutes against the Articles of these Charters, or should keep them being made, or bring in, or keep other customs; and against the writers of those Statutes, Counsellors, and Executioners thereof, that should presume to give judgement according to them.  
And lest this should seem a passion of some particular men for the present time, rather than a perpetual resolution of the whole kingdom in the succeeding ages, the zeal and care thereof was continually propagated from posterity to posterity. So that in 42 Ed. 3. cap. 1. it was further enacted, that if any Statute were made contrary to Magna Charta, it should be void. And 15. times is this Charter confirmed by Parliament in Ed. 3. time; eight times in Rich. 2. reign; and six times in Hen. 4. Yea, the frontispiece of every Parliament almost is a confirmation of the rights and privileges of the Church; as having learned of the very Heathen Poet, who had it from the law of Nature, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, we begin ever with God. Neither was there any man found, that ever would, or durst (with Nero) lay hands upon his Mother the Church; for he that smiteth his father or mother, shall die the death, Exod. 20. 15.  

Heu tot sancitas per plurima secula leges  
Hauserit una dies! hora una! et perfidus error!   
My meaning is not to strain these Laws to the maintenance of such superstitious gifts as were made to the Church against the honour of God, but to those only that were for maintenance of his Word and Ministry, which if they were lawfully conferred (as no man I think doubteth but they were) then let us consider how fearful a thing it is to pull them from God, to rend them from the Church, to violate the dedications of our Fathers, the Oaths of our Ancestors, the Decrees of so many Parliaments; and finally, to throw ourselves into those horrible curses, that the whole body of the kingdom hath contracted with God (as Nehemiah and the Jews did, Nehem. 10.) should fall upon them if they transgress herein. For as Levi paid Tithes in the loins of Abraham, Heb. 7. so the lawful vow of the fathers descendeth upon their children. And as the posterity of Jona●ab the son of Rechab were blessed in keeping it, (Jer. 35▪ 18) so doubtless have we just cause to fear the dint of this curse in breaking this vow.  
Say then, that Tithes were not originally due unto God, and that there belonged no portion of our Lands unto his Ministers, yet are we in the case of Nehemiah and the Jews, (Nehem. 10. 32.) They made Statutes by themselves to give every year the third part of a shekel for the service of the house of God. And our fathers made Laws amongst themselves to give a portion of their Land, and the tenth part of their substance, that is, these Parsonages for the service of the house of God. If they were not due before, they are now due: For when 
Eccles. also 5. 3, 4.  thou vowest a vow unto the Lord thy God, thou shalt not be slack to be pay it, for the Lord thy God will surely require it of thee, and so it should be sin unto thee, Deut. 23. 20. Therefore S. Peter reasoning the matter with Ananias, telleth him, That whilst his land remained in his hands, it appertained unto him; and when it was sold, the money was his own, Act. 5. 4. he might have chosen whether he would give them God or not: but when his heart had vowed, his hands were tied to perform them; he vowed all, and all was due: not by the Levitical law, which now was ended, but by the Moral law which lasteth for ever; for Job being an Heathen man, and not a Jew, saith also, Thou shalt make thy prayer unto him, and he shall hear thee, and thou shalt render him thy vows, Job 22. 27.  
If the King give a gift of his inheritance to his son, his son shall have it; if he give it to his servant, his servant shall have it, Ezek. 46. 16. If the King then give a gift to his Father, (that is, to God Almighty) shall not God have it? or the servant to his Master and Maker, shall not he enjoy it? Who hath power to take that from God, which was given unto him according to his Word? can the Bishops? can the Clergy give this away? no, they are but Vsufructuarii, they have but the use of it; the thing itself is Gods, for the words of the grant be, Concedimus Deo, we give it to God, not to the Bishops. Therefore when Valentinian the Emperor required the Church of Milan, of that noble Bishop S. Ambrose, O saith he, if any thing were required of me that were mine, as my land, my house, my gold, or my silver, whatsoever were mine, I would willingly 
Orat. de basilic. tradend. p. 2. 38.  offer it, but (saith he) I can take nothing from the Church, nor deliver that to others, which I myself received but to keep▪ and not to deliver.   

CAP. XXVIII. Tithe is not merely levitical: How it is, and how not; and wherein Judicial.  
TIthe is not simply a levitical duty, but respectively; not the natural child of Moses Law, but the adoptive: Consider first the action, and then the end; the action, in payment of them; the end, in the employment or disposing of them: The action of payment of them cannot be said to be properly levitical for divers reasons.  
First, it is much more ancient than the levitical Law, as is already declared, and cannot therefore be said to begin by it, or to be merely levitical.  
Secondly, the manner of establishing of it in the levitical Law, seemeth rather to be an annexion of a thing formerly in use, than the creating or erecting of a new custom; for in all the levitical Law, there is no original commandment to pay Tithe, but in the place where first it is mentioned, Leu. 27. 30. it is positively declared to be the Lords, without any commandment precedent to yield it to him. Some happily will affirm the commandment in the 22. Exod. that thou shalt not keep back thy Tithe, doth belong to the levitical Law, though it were given before the Levites were ascribed to the Tabernacle. Yet (if it were so) that is no fundamental Law whereupon to ground the first erection of paying Tithe, but rather as a Law of revive, and confirmation, as of a thing formerly in esse: for detaining and keeping back do apparently imply a former right, and therefore Tithe was still the Lords, ex antiquiore jure, and not ex novitio praecepto, by a precedent right, and not by a new commandment.  
Thirdly, it containeth no matter of ceremony; for if it did, then must it be a type and figure of some future thing, and by the passion of our Saviour Christ be converted from a carnal rite into some spiritual observation, (for so saith Jerome of the legal ceremonies) but no such thing appeareth in it, and therefore it cannot be said to be a ceremony. The whole body of the Fathers do confirm this, who in all their works do confidently affirm the doctrine that S. Paul so much beateth upon, that all legal ceremonies be abolished; and yet as many of them as speak of Tithes, do without all controversy both conclude and teach, that still they ought to be paid, and therefore plainly not to be a ceremony.  
Fourthly, the Tithing now used, is not after the manner of the levitical Law; for by the levitical Law nothing was tithed, but such things as renewed and increased out of the profits of the earth; but our manner of tiching is after that of Abraham's, who gave 
Heb. 7. 2.  tithe of all. And this is a thing well to be considered, for therein as Abraham tithed to Melchisedek not being of the Tribe of Levi: so our Tithing is now to Christ being of Melchisedek's order, and not of the Tribe of Levi, but of that of Juda, whereunto the Tribe of Levi is also to pay their Tithe.  
Fifthly and lastly, the end whereunto Tithe was ordained is plainly Moral, and that in three main points: Piety, Justice, and Gratitude. 1. Piety, as for the worship of God. 2. Justice, as for the wages and remuneration of his Ministers. 3. Gratitude, as sacrificium 
And to encourage them in the service of God. 2 Chron. 31. 4.  laudis, an offering of thankfulness for his benefits received. All which were apparent in the use of Tithes before they were assigned over to the Levites, both in the examples of Abraham and Jacob, and by the practice of all Nations. For God was to be worshipped before, in, and after the Law, and though the Law had never been given; but his worship could not be without Ministers, nor his Ministers without maintenance; and therefore the maintenance of his Ministers was the maintenance of his worship; and consequently the tithes applied to the one extended to both. God himself doth so expound it, Mal. 3. 8▪ where he termeth the not-payment of Tithes to be his spoil: and wherein his spoil, but in his worship? and how in his worship, but by taking from him, the service of his Ministers, the Priests and Levites, who being deprived thereof could neither perform his holy rites in matter of charge, nor give their attendance for want of maintenance?  
So that herein the children of Israel were not only guilty of that great sin committed against piety, in hindering the worship of God; but of the crying fin also committed against equity, in withholding the wages of the labourer, (his Ministers) and consequently of that monstrous and foul sin of Ingratitude, which Jacob in vowing of his Tithes so carefully avoided.  
To come to the other point before spoken of, the disposing or employment of the Tithes after they were paid, (that is, when they were out of the power of them that paid them, and at the ordering of the Levites that received them) it cannot be denied; but therein were many ceremonies, as namely, in the sanctifying of them, in the eating them in the Tabernacle, the eating of them by the Levites only and their family; and as they were otherwise applied to the ceremonial habit of God's service for that time: but yet notwithstanding, even than they still served in the main point to the Moral end of their original Institution; that is, the worship of God in genere; the maintenance of his Ministers in genere; and for a token of thankfulness in genere. Against which the particular applying them to the particular form of worship, and ceremonies of the levitical Law, (for that time abolished) had no repugnancy. And therefore though that manner of disposing them were Ceremonial, and did vanish away with the ceremonies themselves: yet did it nothing diminish the Moral use, and validity of the Institution in genere; which notwithstanding still remained to be accepted and imitated by all posterity; and yet to be altered and changed accidentally in the particular ordering and disposing of them, as the present estate of God's worship, and the necessity of the time should require, viz. before the Law, at the pleasure of them before the Law: under the Law, by the rules of the Law: and now in the time of the Gospel, as the Church of God either hath, or shall appoint them: keeping always (as I say) the Moral considerations of their Institution, for they may not be diverted from the Minister, though the course of God's service be altered from that of the Levites, but both they and the Levites are labourers in the Lord's Vineyard; and therefore what kind of work soever, either the one, or the other, be for the time there employed upon, the wages appointed (Denarius in diem, Mat. 20. 2.) is due unto each of them.  
Therefore to take away the antithesis, or opposition that some make between the Ministers of the Gospel, and the Levites and Priests of the Law; God himself in the last of Esay, v. 21. calleth the Ministers of the 
Esay 66. 20.  Gospel Priests and Levites, as though he had only changed the course of their service, and not the main, or end of their Institution. I will take of them (viz. of the Gentiles) for Priests and Levites, that is, the generation of Levi shall no longer be appropriate to my service, but I will communicate their function to the Gentiles, and out of them will I take Priests and Levites to perform the service of my charge.  
God therefore brought no new thing into the levitical Law, neither changed he the nature of the former Institution thereof, nor the course of the payment, nor the quantity of the portion assigned, nor the end whereto it was; but looking generally into the equity of them all, and approving them all in the general, (yea, though they were used by the Heathen) he descended into further particularities for order and government, whereof he prescribed divers rules, and observances, some Moral, some Judicial, and some Ceremonial, according to the fashion of his Church at that time; which like old garments being wholly worn out with the old Law, the body whereupon they were put, remaineth still in the first shape and vigour. And whereas before the Law it seemeth to be somewhat at random and uncertain, God by his own mouth in the Books of Moses, hath established, and confirmed. So that these things considered, it cannot be said to be levitical in substance, but respectively only, and by way of accident.  

§ 1. An Objection touching sacrifice, and first-fruits, and circumcision.  
It may be objected, that sacrifice and first-fruits were also in use under the law of Nature, and from thence, (as Tithe was) translated into the levitical Law: yet they ceased with the levitical Law, and why should not Tithe cease likewise?  
Though sacrifice and first-fruits were in use under the law of Nature, and from thence (as Tithe was) translated unto the levitical Law, yet the mark they shot at, and the end whereto they were employed, being once accomplished, there was in reason no further use of them; for they were like the cloudy and fiery pillars, that directed the children of Israel to the land of promise, who being arrived there, needed those helps no longer, and so they vanished away, as than not necessary. But Tithe in itself and before the Institution of the levitical Law, was only an act of justice and piety; and therefore though the levitical Law, employed it partly unto ceremonies yet the nature thereof was not thereby changed, and therefore it still lived, when the levitical Law died. Touching the whole frame of levitical ceremonies, it is like that of daniel's image: the body is decayed and gone, but the legs being partly iron, as well as clay, by which it was supported; though the clay, that is, the ceremony be abolished, yet the iron, that is, the Moral Institution thereof, endureth for ever.  
The rites of the levitical Law were of two sorts; some the natural children thereof, others the adoptive. I call them natural, that sprang out of the bowels of it, as those touching the Ark, and Institution of the Levites. Adoptive, those that being in use before were afterward annexed to it: And of these I observe two sorts, one arising from some positive Constitutions, as that of Circumcision; (whereof I will speak anon) and the other deduced from the law of Nature, as those concerning the worship of God: whereof some were general and necessarily incident to every form of his worship in all ages; as Ministers to perform his service, which they called Priests, and means to maintain it, which they ordained to be by Tithes. The other appropriate to the natural condition of those times; as sacrifice, and first-fruits, which though they rose out of the law of Nature, as touching the common end of being offered by way of thanksgiving unto God; yet in that they were also types and figures, full of ceremony, they became temporal, and thereby transitory. For the children of Adam finding themselves in the wrath of God, and their flesh, blood, body, and life, to be altogether corrupted and accursed by the transgression of their father; they sought by all invention possible to help it as far as nature could; and therefore both to express the present estate of their miserable condition▪ and the mark also they aimed at for redemption in time to come, they held it as a necessary correspondency, that flesh should be redeemed with flesh, blood with blood, life with life, the guilty body with a guiltless body, and to be short, the trespass and corruption of man, by the innocency of some sanctified creature offered unto God for remission of sin. And because nothing under the sun could be offered up, but it also was full of corruption, and that nothing could be acceptable unto God, that was impure, therefore though they chose the cleanest and perfectest beasts, and things for these offerings and sacrifices, and purged and sanctified them by all manner of means they could, yet they devised further to sever the purer and aerial part thereof from the gross and earthly; consuming the one, that is to say, the flesh and the bones (as the body of sin and corruption) with the deserved torment of fire, and sending the other, that is, the fume and vapour, as the purer part to carry their prayers and invocations up into heaven, before the Throne of God. First, how corruptible they were, that is, even like the great body of a bullock suddenly consumed. Secondly, the punishment in justice due unto them, even the torment of fire. Thirdly, the place and person from whence they hoped for redemption: Heaven and Almighty God. And lastly, the means whereby they were to attain it, taken from two of the proprieties of fire, light and heat: that is, first, the light of faith, whereby they long foresaw the promised seed; and secondly, the heat of zeal and hearty prayer, breathed and sent forth from the altar of a fervent heart, whereby they hoped to obtain remission of their sins.  
After all this they yet considering further, that the corruption and wrath fallen upon them was perpetual, and that these oblations and sacrifices were but temporal and momentary, they thought in reason (being only under the law of Reason) that the one could not countervail the other, and that therefore it was necessary by continual reiteration and multiplying of sacrifices to solicit and importune God from day to day until the time came, that a perpetual sacrifice might be offered up to make finalem concordiam, in the high Court of heaven, a full atonement between God and man: which being once accomplished by our Saviour Christ, both the institution and the end of sacrificing were wholly accomplished, and so no cause for ever after to use that ceremony any more. For with one offering, saith the Apostle to the Hebrews, hath he consecrated for ever them that are sanctified, Heb. 10. 14.  
Touching Circumcision, though it were before the levitical Law, yet it rise not out of the Law of Nature, or Moral Law, but was instituted by a positive constitution, made by God himself, and not as a part of his worship, but as a seal of his Covenant with Abraham, which by this ceremony▪ of cutting away the impurer part of the flesh, did put the children of Israel ever in mind to cast away carnal affections, and to hope for the promised Messias, that should cleanse them from the impurity of sin, and restore them again to the favour of God: which being performed by our Saviour, the Covenant was fulfilled, and the seal of Circumcision presently thereby defaced.   

§ 2. Of the Sabbath day: Easter and Pentecost.  
The Institution of the Sabbath day had in it much more Levitical ceremony, than the matter of tithing; for no man ought to kindle a fire on that day, nor dress the meat he should eat, nor carry any burden, take a 
Exod. 35. 3. 16. 24. Jer. 17. 11.  journey, or stir out of the place he was in. Tarry every man in his place, let no man go out of his place the seventh day, Exod. 16. 29. It was besides a day appointed for divers particular ceremonies, sacrifices, and offerings, as ye may read, Num. 28. 9, 10. and amongst other significations, to be a memorial of the great deliverance out of Egypt, (a thing peculiar to the Jews.) Neither have we any commandment, but only a precedent for the keeping of it, from the Apostles, Acts 20. 9 1 Cor. 16. 2. Rev. 1. 10. Yet durst never any man say, that the Sabbath was therefore to be abolished, but the temporal and ceremonial parts thereof being taken away, the moral use of the commandment, which is, that the seventh part of our time must be dedicated to the general service of God, remaineth for ever to the world's end; for otherwise our Sabbath is so remote from the Sabbath commanded in the Decalogue, that the one holdeth almost no affinity with the other, as appear in the points aforesaid; and for that their Sabbath was the last day of the week, ours is the first: theirs was in celebration of the end of his works; ours in celebration of the beginning thereof; for in the first day were the Elements, the Angels, etc. made. August. Tom. 10. fol. 250. Theirs in memory of the Creation of the world, ours of the Redemption, that Christ rise from the dead the first day of the week. And though the Apostles taught us by example to exchange the Jewish Sabbath for this of ours, as touching the public meeting on the first day of the week, for setting forth the glory of God, yet they gave us no commandment to abstain from work on that day; but the Church decreed, saith S. Augustine, that all the honour of the Jewish Sabbath should be transferred to the Christian; (loco dicto) and is done upon the Moral reason of the commandment, not the levitical.  
So likewise in tithing, cut off those parts that were temporal, and ceremonial, which as I have showed were neither in the payment, nor in the receiving of them, but in the manner of sanctifying and employment of part of them, after the Levites were possessed of them: and then that which remaineth, namely, the payment and receiving of them for maintenance of the service of God remaineth for ever, as a part of the Moral Law, and common equity.  
So touching Easter, Christ our Passeover was sacrificed for us, 1 Cor. 5. 7. and thereby the end of Institution accomplished: how come we then to continue it, especially, having neither commandment, nor precedent thereof from the Apostles? The Ceremonial part of the Paschall feast, viz. the levitical Lamb, the Purification precedent, etc. are abolished with the Law, yet in that Christ came in the room of that levitical Lamb, and was sacrificed at the same time, and gave his body to be broken and eaten by all, as the Paschall Lamb was for a satisfaction for our sins, as S. John Baptist saith, Ecce Agnus Dei— therefore is that Feast continued, as it was formerly used, without changing either the number of the days, or season of the year, or the solemn estimation that was anciently had thereof: yet note that Easter is kept according to the levitical manner for the time, after the full Moon, and is therefore movable; whereas the day that Christ suffered is otherwise fixed, as that of the Nativity.  
So likewise Pentecost, being the 50. day from the first Passeover, eaten by the children of Israel, and the day also whereon the Law was given in Mount Sinai, and therefore hallowed as one of the three greatest feasts; the Law then being ended, the celebration of the birthday thereof, must in all reason also be ended; yet because the fullness of grace, (that holdeth always an Antithesis with the Law) that is, the holy Ghost in shape of cloven tongues was at the end of 50. days after Christ's first Passeover sent down upon the Apostles; therefore is that Feast also continued, at the same time and number of days, that the Jews used it: although in all the New Testament we have neither commandment, nor example for keeping either of these Feasts; for though it be said, Acts 2. 1. that when Pentecost was come, the Apostles were all together in one place, yet was not that their meeting to celebrate the Judaical Feast: but because the people from all parts then flocked to Jerusalem, the Apostles were there also, for the better publishing of the Gospel, and for the same reason was the holy Ghost also in this miraculous manner sent at this time, that by this means the fame thereof might be carried throughout all the world. For it cannot be intended, that the Apostles met to celebrate the Christians feast, insomuch as at the beginning of this their meeting the holy Ghost was not sent upon them. Yet all this while, nor in the Apostles time, as far as the New Testament discovereth, was Easter used, nor the Feast of Pentecost; for though it be said, that when the Feast of Pentecost was come, they were all with one accord in one place, Act. 
Nemo non sancti●icatus faciat. Phase. Nu. 9 6. hac ceremonia sublata, manet festum.  2. 1. that is, at the time when the cloven tongues fell upon them, this like the Sabbath was the Jews Pentecost, not the Christians; for it answered to the Easter that the Jews had then last holden, not to that our Saviour kept, being the day before the Jews. So that neither of these Feasts seem to be begun in the Apostles time, but rather by their next successors; yet Saint Paul, 1 Cor. 16. 8. saith, I will tarry at Ephesus till Pentecost, for a great door and effectual is opened unto me, and there are many adversaries: as though he desired at that great Feast, to take the opportunity to publish the Gospel, and confute his adversaries.    

CAP. XXIX. How Appropriations began.  
MAny things are notoriously wicked in conclusion, whose beginnings are not suspected: so hath it happened in Appropriations. The Livings that belong to them, were first given for the maintenance of the Church & her family, that is, Ministers and poor people. In the Primitive Church the Bishops disposed them accordingly, but the burden growing in time too great for them, the Parsons were themselves trusted to do it every one in his own Parish. Then divers religious men, as Abbots, Priors, single Deans and prebend's, that had advowsons to them and their successors, perceiving this, began first to collate themselves to those Churches, and for lucre's sake were contented in their own persons to do the divine service thereof; and finding sweetness in it, as enjoying thereby the whole fruits of the Benefice. Every successor did the like, and by that means kept the Living perpetually in their own hands, without any favour, or thanks of, or to the Ordinary; at length to avoid the multiplicity of Institutions and Inductions, they easily obtained licence of the King and Ordinary (sometimes of the Pope himself) that without these usual ceremonies, they and their successors might be perpetual Incumbents, and take the profits of those their Benefices. In old time whilst these Churches were in the Clergy-hand, they were called Appropriations, because they were appropriate to a particular succession of Churchmen; now they are called Impropriations, for they are improperly in the hands of Laymen.  
But thus Churches became first appropriate, yet only unto such as were merely spiritual, and might in their own person minister the sacraments and divine service. But shortly after Deans and Chapters obtained like licenses to them and their successors, who being a Body corporate, consisting of a multitude, could not jointly perform this function, and in particular none of them was tied unto it. Then was it devised, that by their common seal (which is the tongue of their Corporation) they might appoint a Deputy or Vicar to do it for them; which invention gave the wound unto the Church, whereof she bleedeth at this day.  
By these examples, Abbots, Priors, single Deans and prebend's, that before served God in their own persons, learned also to do it now by Vicars and Substitutes, and so like faithless shepherds left their flocks to careless pages, themselves minding nothing but the benefit of the Livings. And this device being once a foot, the very Nuns and Prioresses (that could by no means administer these holy rites) laid hold thereof, and being religious persons obtained also the same Licences: all of them pretending that with great fidelity they would see that performed effectually to the Church and poor, that those Livings were at first ordained unto, Divine service, and Hospitality. By this window crept the Vicars into Churches, who for the most part were some of the Monastery, whereunto the appropriation belonged; till the statute of 4 H. 4. cap. 12. provided, That in every Church so appropriate, a secular person be ordained Vicar perpetual, Canonically institute and induct in the same, and convenably endowed by the discretion of the Ordinary, (1) to do divine service, (2) and to inform the people, (3) and to keep hospitality there— and that no Religious be in any wise made Vicars, in any Church so appropriate, etc.  
Thus came Vicars to get a lock out of the Parson's fleece, which though it were a very poor one, yet was it in some sort proportionable to the deserts and quality of such herdsmen, insomuch as then they were single men, as well as simple Clerks; but yet notwithstanding they were thus endued before this Statute, for in the Synod holden at 〈…〉 for the Province of Canterbury, Anno 1222. ca 18. it was ordained, that less should not be assigned to a perpetual Vicar than five marks a year in rent, which in the proportion that the rents of that time hold to this, cannot be less than 301 or 401 a year.  
So that the Appropriation of a Parsonage was no more at the first, but a grant made by the Pope, etc. to an Abbot, Prior, Prebend, or some other spiritual person, being a Body politic and successive, that he and his successors might for ever be Parsons of that Church, that is, that as one of them died, his successors might enter into the Rectory, and take the fruits and profits thereof, without further trouble of admission, institution, or induction; which upon the matter, 
Ploughed. 500  was no more but to do that briefly at one cut, that otherwise might and would in length of time be done at several times, as to admit, institute, and induct the whole succession of a religious body politic at once, whereas otherwise every successor must have had a particular institution and induction; and therefore every such successor during his time, was as perfect an Incumbent, as if he had been particularly instituted and inducted: but when the succession failed, than it was again presentative as upon the death of an ordinary Incumbent: and by extinction of the House, dissolution, session, or surrender of the House and Order, the appropriation is determined, and they are now again presentative: for the appropriation is 
Dier Howd. 497. Manwood 501  but as a stop in a run, which being taken away, the former right reneweth.  
What alteration then did the Statute make of them? did it make them lay, or temporal Livings? no, the words of the Statute are, That the King shall have them in as large and ample manner, as the Governors of those houses had them, etc. So that though the Statute changed the owner of the thing, yet it changed not the nature of the thing. The Monastical persons had them before as spiritual Livings, and now the King must have them in as large manner, but still as spiritual Livings: and with much more reason might the King so have them, than any other temporal men; for as the Kingdom and Priesthood were united in the person of our Saviour Christ, so the person of a King is not excluded from the function of a Priest, though as Christ being a Priest, meddled not with the kingdom, so they as Kings, meddle not with the Priesthood. Yet by the Laws of the Land the King is composed as well of a spiritual body politic as of a temporal, and by this his spiritual body he is said to be supreme Ordinary, that is, chief Bishop over all the Bishops in England, and in that his Ecclesiastical or Spiritual authority, doth many things, which otherwise in his temporal he could not do; and therefore the Statute of 25 H. 8. cap. doth agnise the words, authoritate 
In this part of his power W. 1. made Appropriations of Parsonages, which otherwise he could not do. Coke p. 5. f. 10.  nostra regia Suprema & Ecclesiastica qua fungimur, which the King useth in divers Charters touching spiritual causes, do testify, that he taketh upon him the execution thereof: and therefore in this respect he may much better hold them then his lay subjects. Neither is this authority of the King founded upon the Statute of H. 8. or any other puisne institution, but deduced anciently from the very Saxon Kings, as appear by many of their Laws, and Charters, wherein as supreme Ordinary they dispose of the rights, and jurisdiction of the Church, delivering unto religious persons, greater or lesser portion thereof, according to their own pleasure, and abridging and exempting other from the authority of the Bishops, and Archbishops, or any other Ecclesiastical Prelate. And in this respect it seemeth that the Chapel of the King's house was in ancient time under no other Ordinary, than the King himself; for William the Conqueror granting all exemption to Battle Abbey, granteth that it shall be as free from the command of any Bishops, as his own Chapel. Dominica Capella, which as it thereby seemeth was under no other Bishop then the King himself.  
But the Bishops agreed to the granting away of these 
Object.  Church Livings.  
It is true, that the Law accounteth the judgement of the major part, to be the judgement of all: but the Bishops cannot be said to have agreed unto it, as being willing with it, but as concluded by legal necessity and inference. For though all the Bishops said nay, yet the Lay Barons by reason of their number exceeding the Bishops were not able to hinder it: and no man doubteth, that in public suffrages, very many times, major pars vincit meliorem; therefore I neither accuse, nor condemn the reverend Bishops herein: for their voices, though they had given them every one against the Bill, were not able to hinder it. Neither do I think but that they being men of another profession, unexercised in the elenches of the Law, were overtaken in the frame of words, and thereby passed that away in a cloud, which if they had perceived could never have been won from them with iron hooks. But in this matter, there being a question of Religion; Whether Tithes be due jure divino, or whether they could be separated from the Church; it was not properly a question decidable by the Parliament, being composed wholly of Lay persons, except some twenty Bishops, but the question should first have been moved amongst the Bishops by themselves, and the Clergy in the Convocation house, and then being there agreed of according to the Word of God, brought into the Parliament. For as the Temporal Lords exclude the Bishops when it cometh to the decision of a matter of blood, life and member: so by the like reason, the Bishops ought to exclude the Temporal Lords, when it cometh to the decision of a question in Theology; for God hath committed the Tabernacle to Levi, as well as the kingdom to Juda: and though Juda have power over Levi, as touching the outward government, even of the Temple itself; yet Juda meddled not with the Oracle, & the holy Ministry, but received the will of God from the mouth of the Priest. Therefore when Valentinian the Emperor required Ambrose to come and dispute a point of Arianism at his Court, he besought the Emperor, that he might do it in the Consistory amongst the Bishops, and that the Emperor would be pleased not to be present among them, lest his presence should captivate their judgements, or entangle their liberty.  


§ 1.  That after the Appropriation, the Parsonage still continueth spiritual.  
It appeareth by that which is afore showed, and the circumstances thereof, that the Appropriating of a Parsonage, or the endowing of a Vicarage out of it, do not cut the Parsonage from the Church, or make it temporal, but leaveth it still spiritual, as well in the eye of the Common Law, as of the Canon Law; for if it became temporal by the Appropriation, than were it within the Statute of Mortmain, and forfeited by that very Act. But it is agreed by the 21 Ed. 3. f. 5. and in Ploughed. Com. fo. 499. that it is not Mortmain, and therefore doth continue spiritual; for which cause also the Ordinary, and Ecclesiastical Officers must have still the same authority over such appropriate Churches, as they had before those Churches were appropriate.  
Therefore in the year 1252. Robert Bishop of Lincoln by commission from Innocent 4. not only enlarged the endowments that before were made, to divers Vicarages, (as he thought good) but endowed others out of those Appropriations that had no Vicarages endowed to the great discontentment of all the Approprietaries of that time, as appeareth by Matth. Paris. And therefore also the Statute of 15 R. 2. cap. 6. and that of 4 H. 4. cap. 12. that ordained, that in Licences of Appropriation in the Chancery it should be contained, That the Bishop of the Diocese in every Church so appropriated, should provide by his dissretion that the Vicar were convenably endowed, Divine service performed, and a convenient portion of the fruits thereof yearly distributed to the poor of the Parish, did but agnise and affirm the spiritual end whereto these Parsonages were appointed, and the authority the Church had still over them, notwithstanding such Appropriation, commanding the Bishops to see it executed. Neither do I yet find, where this power is taken from the Bishops, for the Statute that giveth these appropriate Churches to the King, saith not, that the King shall have them as temporal lands, or discharged of the Bishop's jurisdiction, but that he shall have them as the religious persons had them, that is, as spiritual Livings, and consequently subject to the jurisdiction of the Bishops before had over them; and then are they no otherwise in the hands of the Laity; for testimony whereof they also carry at this day the badges and livery of their Lords and Masters of the Clergy; for as Joseph was taxed in his own City, so are they yet ranked amongst other spiritual Livings, and as members of that body do still pay their Synodals and Proxies to the Bishops and Archdeacon's: and if Tithes be withholden from the Approprietary, he still sueth for them (as spiritual things) in the Spiritual Court. All which are (by God's Providence) left upon them as marks of the Tribe they belong unto, that when the Jubilee cometh (if ever it please God to send it) they may thereby be distinguished, and brought back again to their own Tribe.   


§ 2.  That no man properly is capable of an Appropriation but spiritual men.  
Spiritual things and spiritual men are correlatives, and cannot in reason be divorced: therefore was no man capable of Appropriations but spiritual persons before the laws of dissolution, which first violated this holy marriage, and (like Abimelech, Gen. 20. 2.) took the wife from the husband, and made Laymen which before were the children of the Church now become spiritual Fathers. The act of Appropriation is nothing but to make a body corporate or politic spiritual, that hath succession, perpetual Incumbents in a Rectory; or no more, upon the matter, then to entail the incumbency to one certain succession of spiritual men. Therefore as a Patron (saith my Lord Dyer, Chief Justice, and Plowden 496.) must present a spiritual person to a Church, and not a temporal: so by the same reason, an Appropriation must be made unto a spiritual person, and not temporal; for saith he, the one hath cure of souls, as well as the other: and they differ in nothing but in this, the one is Parson for his life, and the other and his successors, Parsons shall be for ever: and for this in the beginning (saith he) were the Appropriations made to Abbots, Priors, Deans, prebend's and such like, as might (in their own person) minister the Sacraments, and Sacramentals, and to none other. And for the same reason at the first it was holden, that they could not grant their estates to any other, no more than the Incumbent of a Parsonage presentative, who though he may lease his Glebe, and Tithes, yet can he not grant his Incumbency to any other, but must resign it; and then the Patron and Bishop must make the new Incumbent. And so the Incumbency which is a spiritual office cannot be granted, nor by the same reason could the perpetual Incumbent (which is the Approprietary) at the first grant his estate which contained the Incumbency, and the Rectory, which is the revenue of the Incumbent.  
Therefore when the Order of the Templars (to whom divers appropriate Parsonages were belonging) was dissolved, and their possessions granted to the Prior of S. John of Jerusalem in England, Justice Herle in 3 Ed. 3. said, that if the Templars had granted their estate in the Appropriations to the Hospitalers, that is, to them of S. John's of Jerusalem, the Hospitalers should not have it; for it was granted only to the Templars, and they could not make an Appropriation thereof over unto others. Therefore to make good the estate of the Prior and Hospitalers, it was showed there that by the grant of the Pope, King, and Parliament, the Prior had the estate of the Templars: And so by Herle, an Appropriation cannot be transferred to another; and with good reason, (saith the book) for it hath in it a perpetual Incumbency, which is a spiritual function appropriate to a certain person spiritual, and cannot be removed from them in whom it was first settled by any act of theirs.  
Herle there also said that, That which was appropropriate unto the Templars, was disappropriate by the dissolution of their Order, fo. 497. B. So that as death is the dissolution of every ordinary Incumbent, so the dissolution of a religious Order, Monastery, or Corporation, is the death thereof, and by that death (according to this opinion of Justice Herle) the Church appropriate that belonged thereunto is again become presentable as it was before the Appropriation; whereunto my Lord Dyer and Manwood do also agree; and 
Dier Ploughed. 497. Manwood, ib. 501. l. 2.  therefore by the dissolution of religious houses, all Appropriations had been presentable like other Churches, if the Statute of dissolution had not given them to the King; and by as good reason, might the same Lawmakers have given him the other also, for any thing that I perceive to the contrary. Yet let us see in what manner they are given unto the King, for though I cannot examine the matter according unto the rules of Law, being not so happy (which I lament) as to attain that profession; yet under correction, I will be so bold as to offer some points thereof to further consideration; as, first, what is granted to the King; secondly, the manner how it is granted; thirdly, the ends why: And herein I humbly beseech my Masters of the Law to censure me favourably: for I take it by protestation, that I do it not as, asserendo docere, sed disserendo quaerere legitima illa vera, that Littleton speaketh of.   


§ 3.  What was granted to the King.  
1. The Statute saith, That the King shall have all such Monasteries, Priories, and other such religious Houses of Monks, etc. as were not above 2001 a year. And the Sites, and Circuits thereof, and all Manors, Granges, Meases, Lands, etc. Tithes, Pensions, Churches, Chapels, Advowsons', Patronages, Annuities, Rights, Conditions, and other Hereditaments appertaining or belonging to every such Monastery— 2. In as large and ample manner, as the Governors of those, and such other religious Houses have, or aught to have the same in the right of their Houses. 3. To have and to hold, etc. to his Majesty, his Heirs, and Assigns, to do and use therewith, his and their own wills, to the pleasure of God, and to the honour and profit of this Realm.  
The words have divers significations, and therefore make the sense the more obscure.  
Monasteries, Priories, and religious Houses are,  
1. Sometimes taken personally, for the Heads and Members of the House, that is, for the men of the House, as Church for the Congregation, City for Citizens.  
2. Sometime they are taken locally, for the soil of the House, and in this sense one while extensively, to all the Territory thereof: another while restrictively, to the site and building only.  
3. They are taken civilly, or locally, for the whole rights of the House, the lands, the rents, the possessions, and inheritances whatsoever. In which of these senses the Parliament hath given them to the King, and whether in all of them or not, it is not manifest; but I conceive the words must be taken in the last sense, which as the more general, includeth also the second; and if the very carcases of the Monastery persons had been worth the having, might well enough have fetched them in also. Therefore though after these general and spacious words, there followeth a grant of divers particular things, as Sites, Circuits, Granges, Meases, Lands, Tithes, etc. yet I take this to be but an enumeration of the things in specie, which before are granted in genere; for if the general words have not carried them, as the body carrieth the members, than it seemeth these particulars do not carry them, for they are granted but as Appurtenances to the said Monasteries, and Houses, for the words be, Sites, Circuits, Lands, Tithes, etc. appertaining or belonging to every such Monastery; words in my understanding only of explanation and restraint, and not trenching to the enlargement of the grant.  
So that upon the matter the Parliament hath granted Tithes and Appropriations to the King, if they belonged unto the Monasteries, and not otherwise. Let us therefore see whether they belong or not.   


§ 4.  Whether Tithes and Appropriations belonged to the Monasteries, or not?  
Abbots, Priors, and such religious men had two sorts of Tithes; one incorporate to their Houses, which I call Monastical Tithes: the other depending upon their function, as they were Parsons of any Parish, which therefore I call Parish Tithes. 1. The first of these came unto them, as their very lands did, by plain point of Charter; for before the Lugdune and Lateran Counsels, every man might bestow his Tithes upon what religious House person he listed: and then the founders and benefactors of religious Houses did ordinarily grant all or some portion of their Tithes to those Houses, as by a multitude of precedents thereof appeareth. From hence it rise that the Monasteries 
Neol. Fossard dedit an. 1081. Aldwino Abbati de Ramsey, viz. Deo, etc. Ecclesiam de Bromham & terram ad duas carrucas & decimas trium villarum, & de duobis molendinis & totam decimam de propria aula. Liber MS. Ramsey pag. 240.  had so many portions of Tithes, or rents for them (which we call Pensions) out of so many several and remote places of the kingdom; and therefore all these Tithes (how unjustly soever they were conferred upon them) were the corpore Monasterii, and passed undoubtedly to the King. 2. But the other sort, that is, Parish Tithes, belonged only to the Parson of the Parish, by reason of his function, and incumbency; which function, though by act of Appropriation, it were collated upon these religious men, yet did it not invest the property of those Tithes in their Monasteries, but made their persons capable of them by reason of that their function; for without their function of being Ecclesiastical persons, they could not have them, being foreign unto them, as I may term it, and not domestical, as belonging to their house, or monastical, as belonging to their conventual body.   


§ 5.  In what sort they were granted to the King.  
Though the Parliament hath power to dispose temporal inheritance, and to make Laws to bind the rights of subjects, yet it is confessed by the Books of the Law themselves, that it can establish nothing against the law of God; and therefore if Tithes be in the Clergy by the Law of God, as before we have showed, then can they not be pulled from him by any law of man. Neither hath the Parliament as it seemeth attempted to do it, but insomuch as they were misemployed by the Clergy of that time, therefore the Parliament took them from them, and gave them to the King, not in any new course of property, or to be enjoyed by him as his temporal inheritance: but to be his in as large and ample manner (saith the Statute) as the Governors of those religious Houses— had or aught to have the same. Now it is apparent, that the Governors of religious Houses, neither had them, nor aught to have them, otherwise then to the service of God, and benefit of the Church.   


§ 6.  To what end they were granted to the King.  
This point dependeth upon the precedent, for the end why they were given unto the King, is declared by the manner of giving them unto him. Therefore though the Statute saith, To have and to hold— to his Majesty, his heirs, and their own wills, to do and use therewith, his and their own wills; yet lest their wills should decline from the due employment of them (as the religious persons did) therefore the Statute addeth these words, to the pleasure of God, and to the honour and profit of this Realm. So that the King had not the things themselves simply, but in such manner only as the religious persons had them, and that being but to the service of God, and benefit of the Church, the King could have them in no other manner then for the service of God, and benefit of the Church; and then to the words subsequent in the Habendum, viz. to do and use therewith their wills, is no more, then if we should say, That the King, etc. should have them to dispose of in the service of God and of his Church, according to his own will and wisdom; which the words annexed plainly intimate, appointing unto the King by what bounds and marks he must walk in disposing of them, namely so, as may be to the pleasure of God, and the honour and profit of the Realm. But it cannot be to the pleasure of God, that his Ministers should be defrauded; nor to the honour and profit of the Realm, that the service of God should be hindered, or neglected, and therefore the King must have and hold them to those purposes, and to none other.  
And that the King was not deceived in this kind of construction of the Act of Parliament, it appeareth by a Declaration made by himself freely in an Oration of his unto the Parliament, Anno 37. of his reign, where he saith,— I cannot a little rejoice, when I consider the perfect trust and confidence, which you have put in me, as men having undoubted hope, and unfeigned belief, in my good doings and just proceedings; for you without my desire or request, have committed to my order and disposition all Chauntries, Colleges, Hospitals, and other places specified in a certain Act, firmly trusting, that I will order them to the glory of God, and the profit of the Commonwealth. Surely, if I contrary to your expectation should suffer the Ministers of the Church to decay, or Learning (which is so great a jewel) to be minished, or poor and miserable to be unrelieved, you might well say, that I being put in so special a Trust, as I am in this case, were no trusty friend to you, nor charitable to my even Christian, neither a lover of the public wealth, nor yet one that feared God, to whom account must be rendered of all our doings. Doubt not I pray you, but your expectation shall be served more Godly and Goodly, than you will wish or desire, as hereafter you shall plainly perceive, etc.  
So that the King hereby doth not only ingenuously confess the Trust committed to him by the Parliament, in the same manner that the Act assigneth it, viz. to be for the glory of God, and the profit of the Commonwealth: but he descendeth also into the particularities of that Trust, as namely; for the maintenance of the Ministers, the advancement of Learning, and provision for the poor.   


§ 7.  That the King might not take them.  
In the 45. chap. of Ezekiel, God commandeth the Prophet to divide the Land into three parts, one for God himself, and his servants the Priests, the other for the King, and the third for the people. And then he saith, Let this suffice, O ye Princes of Israel, v. 9 Leave off cruelty and oppression, and execute judgement and justice, take away your exactions from my people. And again, chap. 46. 18. The Prince shall not take of the people's inheritance, nor thrust them out of their possessions, but he shall cause his sons to inherit his own possession, that my people be not scattered every man from his own possession.  
Though the said Texts savour something of the levitical Law, as to preserve the Tribes from confusion, yet they present also unto us rules of Moral justice. First, that in the division of the Kingdom, we must remember to give him a part for his honour, that giveth us all for our necessities; therefore he saith in another place, (45. 1.) When ye shall divide the Land for inheritance, ye shall offer an oblation unto the Lord, an holy portion of the Land. Secondly, that the Prince must be contented with the portion assigned him, and not to disturb the people in their possession, but not God especially in his, for that is privileged further and defended with another iron bar, it is an oblation, saith the Text, unto the Lord, yea, it is an holy portion of the land. Holy, because it is offered unto God, and holy again, for that being offered unto the Lord it is severed from the injury of man, it must not be violated, nor plucked back, it must not be sold, nor redeemed, it is an inheritance separate from the common use, it is most holy unto the Lord, Leu. 27. 28.  
It being thus manifested, what are the chief ends and uses of Parsonages, it appears how unjust it is to tolerate Appropriations, and how miserable their condition is who hold them: Oh how lamentable is the case of a poor Approprietary, that dying, thinketh of no other account, but of that touching his lay vocation, and then coming before the Judgement seat of Almighty God, must answer also for this spiritual function; first, why he meddled with it, not being called unto it; then why (meddling with it) he did not the duty that belongeth unto it, in seeing the Church carefully served, the Minister thereof sufficiently maintained, and the poor of the Parish faithfully relieved. This, I say, is the use whereto Parsonages were given, and of this use we had notice before we purchased them; and therefore not only by the Laws of God, and the Church, but by the Law of the Land, and the rules of the Chancery, at this day observed, we ought only to hold them to this use, and no other. Look how many of the Parishioners are cast away for want of teaching, he is guilty of their blood; at his hand it shall be required, because he hath taken upon him the charge. He saith, he is Parson of that place, and of his own mouth will God judge him, for idle Parsons are guilty of the blood of the Parishioners; and this S. Paul showeth, when he saith, I thank God I am pure from the blood of all men, Act. 20. 26. meaning he taught the counsel of God so faithfully, as if any be not saved thereby, their blood is upon their own heads, for he on his own part addeth, that he hath kept nothing back, but showed them all the counsel of God, v. 27.  
It is not therefore a work of bounty and benevolence to restore these Appropriations to the Churches, but of duty and necessity so to do. It is a work of duty to give that unto God that is Gods, Mat. 22. 21. and a work of necessity towards the obtaining remission of these sins; for, as S. Augustine saith, Non remittitur peccatum, nisi restituatur ablatum, cum restitui potest. Augustin. Macedon. Ep. 54. The sin shall not be forgiven without restoring of that which is taken away, if it may be restored.   


§ 8.  Of the Statute of dissolution, that took away Impropriations from the Church. 
27 H. 8. c. 27.   
We must note touching that first Statute, the time wherein it was made, the persons by whom, the circumstances in the carriage and effecting of it, and the end why. The time, while it was yet but dawning of the day, or twilight of both Religions. The persons, than members of the Parliament, half of them I fear, if not the greater half, either absolute Papists, or infected with Romish Religion; the other half yet in effect but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and candidati restitutae religionis, and so could not by and by conceive all dependencies in so great a work, and what was fit in every respect, to be provided for. The circumstances, incident to the business, as the great and strong opposition of the adverse party; which happily was so potent in Parliament, as if opportunity had not been taken at some advantage for passing of the bill, whilst many of them were absent, it had not passed so soon: and this might well cause haste in the carriage of it, and haste imperfection. How it fell out in that point I do not know, but I have heard that anno 1. Mariae, when the Laws of H. 8. touching the Praemunire, and of Ed. 6. 
This Parliament begun 5. Octob. 1554 and ended 5. Decemb. Fox p. 1396. Col. 2. l. 1.  touching Religion were repealed, the matter was so handled as there were but 28. persons in the Parliament House to give their voice with the Bill, and yet carried it; So in this business the great haste and desire to effect it, and the great matters aimed at, as the transferring of all Monasteries Livings unto the King, 
A Parliament of 28. Bishops, etc. to undo 28. general Counsels happily not half 28.  made somethings in the Act to pass unconsidered, and no doubt amongst other these appropriate Parsonages; which in truth are not named in that Act, but carried away in the fluent of general words, wherein though Tithes be inserted, yet the word may seem only to intend such portions of Tithes as belonged to the Monastery itself, as many did, and not those belonging unto Appropriations, since the Appropriations themselves are not there named. But I will excuse the matter no farther than equity; for after Religion had gotten some strength, the following Act of 31 H. 8. c. 13. gives them expressly to the King by the words, Parsonages appropried, Vicarages, Churches, etc. yet was all this done in the heat and agony of zeal then privily inflamed on all parts against the Romish religion, insomuch as other inconveniences and enormities likewise followed thereon, as in Ed. 6. the burning of many notable Manuscript Books, the spoiling and defacing of many goodly Tombs and Monuments in all parts of the kingdom, pulling down of Bells, Chancels, and in many places of the very Churches themselves.  
Moses for haste broke the Tables of the Law; and these inconveniences in such notable transmutations cannot be avoided, some corn will go away with the chaff, and some chaff will remain in the corn; man's wit cannot suddenly, or easily sever them. Therefore our Saviour Christ fore seeing this consequence delayed the weeding out of the tares from the wheat, till the Harvest was come, that is, the full time of ripeness and opportunity to do it. Besides, light and darkness cannot be severed in punto, the day will have somewhat of the night, and the night somewhat of the day: the religion professed, brought something with it of the religion abolished, and the religion abolished hath somewhat still that is 
Discipline in genere, according to the Primitive Church, not in specie as they use it.  wanting in ours; and neither will ever be so severed, but each will hold somewhat of the other: no rent can divide them by a line. When the children of Israel came out of Egypt, they brought much of the Egyptian infection with them, as appear in the Scripture, and they left of their rites and ceremonies among the Egyptians, as appeareth in Herodotus. Therefore as Moses renewed the Tables that were broken through haste, and time reform the errors of religion amongst the Israelites: So we doubt not but his Mty, our Moses, will still proceed in repairing these breaches of the Church, and that time by God's blessing will mend these evils of ours. I will not take upon me like Zedechias to foretell, having not the spirit of prophecy, but I am verily persuaded, that some are already borne that shall see these Appropriate Parsonages restored to the Church: let not any man think they are his, because Law hath given them him, for Tully himself the greatest Lawyer of his time, confesseth, that, Stultissimum est existimare omnia justa esse 
Delegibus.  quae sita sint in populorum institutis aut legibus, Nothing to be more foolish then to think all is just that is contained in the Laws or Statutes of any Nation. Experience teacheth us, that our own Laws are daily accused of imperfection, often amended, expounded, and repealed. Look back into times past, and we shall find that many of them have been unprofitable for the Commonwealth, many dishonourable to the kingdom, some contrary to the Word of God, and some very impious and intolerable, yet all propounded, debated, and concluded by Parliament. Neither is this evil peculiar to our Country; where hath it not reigned? Esay found it in his time, and proclaimeth against it, Woe be unto you, that make wicked Statutes, and write grievous things. So Tully and the Roman Historians 
Orat. in M. Anto●. per servos, per vim, per latrocini●m.  cry out, that their Laws were often, per vim, & contra auspicia impositae reipublicae, by force and against all religion imposed upon the Commonwealth. God be thanked we live not in those times, yet do our Laws and all Laws still, and will ever in one part or other taste of the cask, I mean of the frailty of the makers. It is not therefore amiss (though happily for me) to examine them in this point, if the● be contrary to the Word of God, for I think no man will defend them, they leave them to be a Law. God cannot be confined, restrained, or concluded by any Parliament, let no man therefore (as I say) think that he hath right to these Parsonages, because the Law hath given them him; the law of man can give him no more than the law of Nature, and God will permit. The Law hath given him jus ad rem, as to demand it, or defend it, in 
Vi. Na. Br. 14. s. 369. Jus perfectum cum possideatur in promiss imperfectum dum non possideatur promise.  action against another man, it cannot give him jus in re, as to claim it in right against God. Canonists, Civilians, and common Lawyers, do all admit this distinction, and agree, that jus ad rem est jus imperfectum, right to the thing is a lame Title, they must have right in it, that will have perfect Title. The Law doth as much as it can, it hath made him rei usufructuarium, but it cannot make him rei dominum, the very owner of the thing. The books of the Law themselves confess, 
Doct. & Stud. li. 1. 6. 2. s. 4. a.  that all Prescriptions, Statutes, and Customs against the law of Nature (or of God) be void and against Justice.   


§ 9  That the King may better hold Impropriations, than his Lay Subjects.  
No man by the Common law of the Land can have inheritance of Tithes, unless he be Ecclesiastical, or have Ecclesiastical jurisdiction. Lord Coke part 5. Rep. fol. 15. and Ploughed. fol. So that he which hath Ecclesiastical jurisdiction, though he be no Ecclesiastical person, yet by the ancient Law of the Land, he may enjoy Tithes: and this concurreth not only with the Canon Law, but seemeth also to be warranted by the example of the Provincial Levites, who meddled not with the Temple, and yet received their portion of Tithes, and other Oblations, as well as those that ministered in the Temple. But it plainly excludeth all such as be merely Lay from being capable of them; let us then see by what better Title the King may hold them.  
As the head cannot give life and motion to the divers members of the body, unless it hold a correspondency with them in their divers natures, and compositions: So the King, the head of the politic body, cannot govern the divers members thereof in their several constitutions, unless he participate with them in their several natures; which because they are part Lay, and part Ecclesiastical, the jurisdiction therefore whereby he governeth them, must of necessity have a correspondent mixture, and be also partly Lay, and partly Ecclesiastical; to the end that from these divers fountains in the person of his Majesty, those divers members in the body of the kingdom may according to their peculiar faculties receive their just and competent government. My meaning is not, that a Prince cannot in moral matters govern his subjects professed in religion, unless himself do participate with them in some portion of their spiritual vocation: for I see that the Apostles 
Rom. 13. 1. 2 Pet. 2. 13.  themselves were therein subject to the Heathen Princes, and gave commandment to all Christians in general, that they likewise should do the same; and 
Oportet nos ex ea parte quae ad hanc vitam pertinet, subditos esse potestatibus, i. homininibus res humanas cum aliquo honore administrantibus. in li. expos. quarundum propositinum, ex Ep. ad Rom.  thereupon S. Austin saith, that in those things that concern this life, we must be subject to them that govern humane things. But my meaning is, that a temporal Prince cannot properly dispose the matters of the Church, if he have not Ecclesiastical function, and ability, as well as Temporal; for I doubt not but that the government of the Church, and of the Commonwealth, are not only distinct members in this his Majesty's kingdom, but distinct bodies also under their peculiar heads, united in the person of his Majesty, yet without confusion of their faculties, or without being subject the one to the other. For the King, as merely a temporal Magistrate, commandeth nothing in Ecclesiastical causes, neither as the supreme Officer of the Church doth he interpose in the temporal government: but like the common arch arising from both these pillars he protecteth and combineth them in perpetual stability, governing that of the Church by his Ecclesiastical jurisdiction, and that of the Commonwealth by his temporal. For this cause, as Moses was counted in sacerdotibus, Psal. 99 6. though he were the temporal Governor of the people of Israel, so the Laws of the Land have of old armed the King, persona mixta, medium, or rather commune quiddam inter laicos & sacerdotes: and have thereupon justly assigned to him a politic body, composed as well of Ecclesiastical jurisdiction, as temporal, like to that of David, Jehosaphat, Hezekias, and other Kings of Juda, who not only in respect of their Crown, led the Armies of the people against their enemies: but as anointed with the holy oil, ordered and disposed the very function of the Levites, of the Priests, and of the Temple, as you may read in their several lives in the books of the Kings and Chronicles.  
But the Kings of England have proceeded yet further in the gradations of Ecclesiastical profession, as thinking it with David, more honourable, to be a doorkeeper in the House of God, then to dwell in the tents of the ungodly, that is, to execute the meanest office in the service of God, than those of greatest renown among the Heathen and Infidels. Therefore they have by ancient custom even before the Conquest, amongst other the solemnities of their Coronation, not only been girt with the regal sword of Justice by the Lay Peers of the Land, as the emblem of their temporal authority, but anointed also by the Bishops with the oil of Priesthood, as a mark unto us of their Ecclesiastical profession and jurisdiction. And as they have habenam regni, put upon them, to express the one, so also have they stolam sacerdotii, commonly called vestem dalmaticam, as a levitical Ephod, to express the other. The reasons of which, if we shall seek from the ancient Institutions of the Church, it is apparent by the Epistle of Gregory the great, unto Aregius Bishop of France, that this vestis dalmatica, was of that reverence 
Ep. l 7. c. 111.  amongst the Clergy of that time, that the principal Churchmen, no not the Bishops themselves, might wear it without licence of the Pope. And when this Aregius, a Bishop of France, requested that he and his Archdeacon might use it, Gregory took a long advisement upon the matter, as a thing of weight and novelty, before he granted it unto them. But 22. years before the time of Edward the Confessor, (unto whom those hallowed vestures happily did belong, with which his Majesty was at this day consecrated) these dalmaticae, otherwise called albae & stolae, were by the 
Propter solennitatem Sp. S. Diaconi dalmaticis induantur. Idem Decr. p. distinct. 76. de Jejunio.  Council Salegunstadiens. cap. 2. made common to all Deacons, and permitted to them to be worn in great solemnities, which the Kings of England also ever since Edward the Confessors time, if not before, have always been attired with in their Coronations.  
And touching their unction, the very books of the Law do testify to be done, to the end, to make them capable of spiritual jurisdiction, for it is there said, that Reges sacro oleo uncti sunt spiritualis jurisdictionis capaces; the Kings being anointed with the holy oil are now made capable of spiritual jurisdiction. This ceremony of unction, was not common to all Christian Kings, for they being about Hen. 2. time, 24. in number, only four of them besides the Emperor were thus anointed, namely, the Kings of England, France, Jerusalem, and Sicil.  
The first English King as far as I can find, that received this privilege was Elfred or Alured, the glorious son of noble and devout Ethelwolphus King of West-Saxony, who about the year of our Lord 860. being sent to Rome, was there by Leo 4. anointed and crowned King, in the life of his father, and happily was the 
Wi●lasius R●x Merciorum subditus Ethelwolphi regis west-Sax. Coronat. Ingolf. 856. l. 56.  first King of this Land that ever wore a Crown, whatsoever our Chroniclers report (for of the 24. Kings I speak of, it is affirmed in ancient books, that only four of them were in those days crowned.) But after this anointing, Alured (as if the Spirit of God had therewith come upon him, as it did upon David being anointed by Samuel,) grew so potent and illustrious in all kinds of virtues, as well divine as moral, that in many ages the world afforded him no equal: zealous towards God, and his Church, devout in prayer, profuse in alms, always in honourable action, prudent in government, victorious in wars, glorious in peace, affecting justice above all things, and with a strong hand reducing his barbarous subjects to obedience of Law, and to love equity; the first learned King of our Saxon Nation, the first that planted literature amongst them; for himself doth testify in his Preface to Gregory's Pastoral, that there were very few on the Southside Humber, but he knew not one on the Southside of the Thames, that when he began to reign, understood the Latin Service, or could make an Epistle out of Latin into English, etc. He fetched learned men from beyond the Seas, and compelled the Nobles of his Land to set their sons to school, and to apply themselves to learn the Laws and Customs of their Country, admitting none to places of Justice without some learning, nor sparing any that abused their places, for unto such himself looked diligently. He divided the Kingdom into Shires, Hundreds, Wapentakes, and them again into Tithings and free Bourghs, compelling every person in his Kingdom to be so settled in some of those free Bourghs, that if he any way trespassed, his fellows of that free Bourgh answered for him.  
The memory of this admirable Prince carrieth me from my purpose; but to return to it, his successors have ever since been consecrated, and thereby made capable of spiritual jurisdiction, and have accordingly used the same in all ages, and thought by the Pope to be so enabled unto it, that Nicholas 2. doubted not to commit the government of all the Churches of England unto Edward the Confessor, as by and by we shall more largely declare. And the Kings of France being so likewise consecrated ever since the time of Clodoveus, alias, Ludovicus, whom Saint Remigius Bishop of Rheimes, both baptised and anointed about the year of our Lord 500 have from time to time, in all ancient ages exercised the like Ecclesiastical jurisdiction: insomuch that Clodoveus himself being but newly entered into i●, doubted not to appoint a Council at Orleans, and to call thither the Bishops and Clergy of France, but out of the motion of Priestly mind, (to use the very words of the Council) commanded the Priests, (meaning the Bishops) to assemble there for debating necessary matters, which in his own consideration he had advised upon, and delivered to them in heads and titles; and they having answered thereunto, and framed the Canons of that Council, accordingly did submit them to his judgement, and desiring if it approved them, himself for greater authority would confirm them. Tom. 2. Concil. pag. 309▪ in rescripto Synodi.  
The Kings of Jerusalem and Sicil, were also anointed and endowed with Ecclesiastical authority, whereof we shall speak more anon: for the right of both these Kingdoms resideth at this present upon the Kings of Spain, who till the same came unto them, were neither anointed, nor crowned; and though since that time, they have been dignified with both these Prerogatives, yet are they not so illustrious in them, as in the Kings of England and France, for that these are ancient Kingdoms, raised by their own power and prowess, and those other of less continuance, erected by the Pope, and not absolute, but Feodaries of his Sea. And touching that of France also, the mere right thereof reste●h upon his Majesty of England, though de facto, another for the time possesseth it: So that in this point of unction, our Sovereign the King of England is amongst the rest of the Kings of Christendom, at this day Peerless and transcendent; and well therefore might William Rufus say, that himself had all the liberties in his Kingdom which the Emperor challenged in his Empire. Mat. Paris.  
But I wonder, why the Papists should so confidently deny the Kings of England to be capable of spiritual jurisdiction, when Pope Nicholas 2. of whom we spoke before in an Epistle to King Edward the Confessor, hath upon the matter agreed, that it may be so; for amongst other privileges that he there bestoweth upon the Church of Saint Peter of Westminster then newly founded by that virtuous King; He granteth, and absolutely confirmeth, that it shall for ever be a place of Regal Constitution and Consecration,— and a perpetual habitation of Monks that shall be subject to no living creature, but the King himself, free from Episcopal service and authority, and where no Bishop shall enter to give any orders, etc. Tom. Concil. part 3. pa. 1129. a.  
In which words I note, first, that the Kings of England in those ancient days, being before their Coronation merely Lay persons, were by their consecration made candidati Ecclesiasticae potestatis, and admitted to the administration thereof; for to what other purpose was Consecration ordained, but to make secular things to belong unto the Temple, and Lay persons to become sacred and Ecclesiastical? like jacob's stone in the time of the Moral Law, which presently upon the anointing thereof became appropriate to the House of God.  
Secondly, he plainly maketh the King head of this Monastery, that is, of the place itself, and of all the persons and members thereof, which then by consequence he might likewise be of all other Ecclesiastical persons and places through the whole Kingdom. And even that also he granteth in a sort in the end of his Epistle, Vobis & posteris vestris regibus committimus advocationem & tuitionem ejusdem loci, & omnium totius Angliae Ecclesiarum, ut vice nostra cum concilio Episcoporum & Abbatum, constituatis ubique quae justa sunt. So that if the Kings of England be pleased to execute this Ecclesiastical authority▪ as the Pope's Vicar, then by this his Charter they are invested therewith; and peradventure the Clergy of Rome can never revoke it, being granted posteris regibus: and the Epistles of the Popes, being as Barclayus saith of Nich. 1. to Michael the Emperor, as an Ecclesiastical Law, Lib. de potest. Papae. ca 2. pag. 13.  
But in the mean time it is hereby evident, which I endeavour to prove, that the Kings of England are justly capable of spiritual jurisdiction by the Pope's own confession, for which purpose only I here allege it. And to give more life to the matter, it appeareth by Baronius, that Pope Vrbane the granted not only as much in the Kingdom of Sicil to the King of Spain, being the anointed King thereof, but added also to that his Ecclesiastical jurisdiction, divers branches of spiritual power belonging merely to the keys, and not to the sword, that is, to the very function of a Bishop, as namely, that of Excommunication. All which, though Baronius impugneth mainly to be of no validity, because that all things are void, (he saith) that the Church doth against herself: yet the King of Spain both holdeth, and exerciseth this function and jurisdiction only by the connivency of the Pope, but defended therein by Cardinal Ascanius Colonna, against Baronius.  
But to leave foreign examples, and to go on with our domestical precedents; It is manifest by other ancient Authorities, Charters, and Manuscripts, that the Pope thereby granted no more to King Edward and his successors, than the same King, and his Predecessors, before assumed to themselves. For this Epistle could not be written to S. Edward, before the end of his reign, (Nicholas not being Pope till then) and in the Laws of the same King, before that time published, himself doth plainly declare himself to be, Vicarius su●d ●i Regis, not summi pontificis: yea, and that in the government of the Church. For the words of his own Law, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. cap. 17. be these— The King because he is the Vicar of the highest King, is appointed to this purpose, that he should rule his earthly Kingdom, and the Lords people: and should above all things worship his holy Church, and govern it, and defend it against them that would wrong it, and to pull the evil doers out of it, etc. So that write the Pope what he will, S. Edward here taketh upon him to have the rule and government of the Church of England (committed to him from God, and not from the Pope) and to be God's Vicar, not the Popes: wherein he imitated his predecessors; for King Edgar speaking of the government of the Church, saith in plain terms, that it belonged to himself, ad nos (saith he) spectat. And because Casaubon in citing this place out of the Manuscript, is charged by Parsons to falsify it, and that it is, or should be on the contrary, ad vos spectat, scil. Ecclesiasticos: give me leave to defend that worthy man being now dead, in whose behalf I must avow that the original is plainly ad nos, and not ad vos; which lest it should seem either mistaken, or questionable, King Edgar himself doth manifestly clear it, both by deeds and words: for of his own authority he removed generally the Clerks of that time, that were not professed, out of the Monasteries, and placed in their rooms, Monks and regular persons, as appeareth by his own words, in his Charter of Malmesbury. (Malmsb▪ pag. 58. l▪ 17.) And also in the foundation Book of the Abbey of Winchester, written all in golden letters, wherein likewise he prescribeth the rules for the government of the religious persons there; and saith, that himself will look to ●●e Monks, and that his wife Aelfthryth shall look to t●e Nuns. And lest it should seem that he had done this rather out of the will of a Prince, then by just authority, Hoveden, and Historia Jornalensis, do testify, that he did it by the advice and means of Ethelwould, Bishop of Winton, and Oswald, Bishop of Worcester. So that the very Clergy of that time, agnised, executed, and affirmed his jurisdiction herein: which I will close up with a material sentence out of his Charter in Glastenberry, extant in Malmsbury de gest. Reg. li. 2. pag. 57 where the words be these, Concessit etiam (scil. Edgarus) ut sicut ipse in propria, ita totius insulae causas, in omnibus tam Ecclesiasticis quam secularibus negotiis, absque ulla ullius contradictione Abbas & Conventus corrigeret, that is, King Edgar granted, that the Abbot & Covent of Glastenberry should correct (or amend) all causes, as well Ecclesiastical as secular, within the whole Isle of Glastenberry, as himself did within his own Isle, namely, of England. So that the King here denounceth, that himself hath the correction or ordering of all Ecclesiastical causes within this his Isle. And in further declaration thereof doth by that his Charter by and by after prohibit all Bishops from meddling within the Isle of Glastenberry: and lest he should seem to do a new thing, he closeth it up with this apology, That his predecessors, Cemwines, Ines, Ethelardus, Cuthredus, Elfredus, Edwardus, Ethelstanus, Edmundus, had all of them done the like; and he might have added out of Bede, l. 2. c. 7. that Cenwalch King of West-Saxon, of his own authority divided the Sea of Agilbert his Bishop, being a French man, and of another language, which he understood not, and gave one part thereof unto Winus a man of his own Nation, which though he were afterwards compelled by necessity and discontent of Agilbert to reunite, yet his successor Inas, divided them again, and then they so continued. Hen. Huntingdon l. 4. pa. 33. l. 49.  
It is true, that ad majorem cautelam, King Edgar required John 12. to confirm these privileges, lest any, as he saith, should in future time, either take them away, or throw out the Monks, but himself had first done it of himself; and the vigour that the Pope added to it, was rather a fortifying of it with a curse against robbers, and spoilers, than an enlargement of the validity thereof, as quicking thereby a liveless body. For so likewise may the Popes own authority be disputable, insomuch as he also required the general Synod, then holden at Rome, Anno 965. (as Malmsbur. saith) to confirm it. But the fashion of those times was, that secular Princes sought sometimes to have their temporal Laws confirmed by the Pope with a curse against the breakers thereof▪ as did Howell Dhae, for those his Laws of Wales; and in like manner was it usual for Counsels and Synods to seek the confirmation of their Canons from temporal Princes, as did that of Orleans before spoken of from Clodoveus, and the Council of Toledo from Euricus, who made a special Law for establishing it, as you may see in the Laws of the Wisegothes, l. 12. tit. 1. ca 3. ut sic gladius gladium adjuvaret.  
It may be objected, that Edgar being the great King of this whole Isle, (for he styled himself totius Albionis basileus) might usurp upon the Church, and do these things rather in the will of a Prince, then by just authority. It is manifest partly by that which I said before, but plentifully by his Charters, that the Clergy of that time were so far from denying, or repining at this his jurisdiction, that they affirmed and subscribed unto it, as appear in his Charters. And how large soever his Dominion was, his humility was as great, for though in matters of government he carried himself as the head Officer of the Church, yet in matters of faith he was so obedient, that to expiate his incontinency with a Nun, he threw himself at the feet of Dunstan his Bishop, submitted himself to seven years' penance, and presumed not to be consecrated till the 14. year of his reign.  
But these things were no novelties either in the person of Edgar, or in the Princes of those ages; for the minor Kings themselves within the orbs of their own Dominion used the like jurisdiction, as you may perceive by those cited by Edgar, in the Charter of Glastenberry, and by many other in particular Charters of their own. Yea, the Kings of Mercia that were but vassals, and underlings to the Kings of West-Saxony, within the limits of their little Kingdom used the same plenitude of authority, as appeareth by the Charter of Kenulphus, who lived about the year 850. made to the Abbot of Abingdon, wherein he saith,— Sit autem prae-dict' rus liberum ab omni regali obstaculo, & Episcopali jure, in sempiternum aevum, ut habitantes ejus nullius regis aut ministrorum suorum, Episcopive aut suorum officialium jugo deprimantur, sed in omnibus rerum eventibus as defensionibus causarum Abbatis Abbindenensis, Monasterii de caetero subjiciantur, Term. Trinitat. 1 H. 7. f. 18. b. And it is there said by the Judges, fol. seq. b. that many Abbeys in England, had larger words than these in the King's Charter, as, Omnimoda justitia & quicquid regales potestates conferri possunt.  
To leave the Saxon Kings, and to come to the Normans, that we may see by what channel this fluent of authority hath been deduced to his Majesty. Lanfranc Archbishop of Canterbury, in the conquerors time, would have given the Abbotship of S. Augustine's, but the new King, (saith the book) i. William the Conqueror, did deny it, saying, that he would confer all Pastoral Staves in his Realm, and would not confer that power to any whatsoever. Govern you (saith he) that which appertaineth to faith and Christianity among the Monks, but for their outward service, you shall let me alone with that.  
You see here, that the King doth not in covert manner, or by little and little, creep into Ecclesiastical jurisdiction, but with an absolute resolution, whilst he yet stood as it were but upon the threshold of his Kingdom, and might justly fear some notable transmutation in discontenting his Clergy, the half arch of his Kingdom, even than he forbore not to contest with them upon points of jurisdiction, confining theirs unto matters of faith, and extending his own to the uttermost limits of the outward government of the Church. But because his hand and his seal do more authentically enforce credit, than the report of Authors and Historians, see what he assumeth in his Charter of foundation of the Monastery Sancti Martini de bello, commonly called Battle Abbey, for that he built it (as Romulus did the Capitol) in the place where he overcame his enemies▪ In this Charter he granteth that, That Church shall be free from all servitude, and from all things whatsoever man's invention can imagine,— and commandeth therefore that it be free from all government of Bishops— neither shall the Bishop of Chichester, though it be in his Diocese, make any Ordinations there, nor grieve it any thing, nor execute any kind of government, or authority there; but that it be as free (saith he) from all his exactions, as my own Dominical (or Demesne) Chapel. The Abbot shall not be compelled to go to the Synod, nor forbidden to promote his Monks to holy Orders, where him self listeth; nor he, or his Monks to require what Bishop they will to consecrate Altars, etc. And this also by my Regal authority,— I ordain, that the Abbot shall be Lord and Judge of all things in his own Church, and within one league round about it, etc. see the Charter at large. Here it appeareth, that this victorious King Will. 1. took himself to have, Pallium Ecclesiasticae jurisdictionis, the fullness of Ecclesiastical power; and as the supreme Magistrate thereof, not only abridgeth and revoketh the jurisdiction of other Bishops within this place, as of the Archbishop of Canterbury, and the Bishop of Chichester, but disposeth the same according to his own pleasure, namely, to the Abbey of Battle, with so great enlargement of privilege and authority, as no Bishop of the Kingdom hath the like. Free from all servitude, and from all things whatsoever man's invention can imagine, are exquisite words of privilege, and how far they might stretch at those times, (when the profession of our Laws was not a science) into Regal, or Canonical jurisdiction, I cannot judge: but I know by Staffords case, 1 H. 7. f. 18. they will now be restrained with many exceptions. So likewise, that the Abbot shall not be compelled to come at Synods, or to take Ordinations for his Monks, or Consecration of 
Nec aliquis Episcoporum in Dioecesi collegā suum supergrediatur. Con. Carthag. c. 19 Burchard li. 1. ca 64.  Altars, etc. from the Bishop of his Diocese, are directly against the Decrees of the Church, Canons, Synods, and general Counsels. As also it is, that he should be Judge of things in his own Church, and the circuit assigned, which though here it be but a league, I see not, but he might as well have made it ten, if it had pleased him, and by consequence a County, or Province. And lest the King should seem to have done this by some indulgence from the Pope, or connivency of his own Clergy, he saith expressly, that he doth it by his Regal authority, and that not closely, or underhand, but Episcoporum & Baronum meorum attestatione. And to declare how far the Clergy of that time was from repining or impugning this his jurisdiction, the Archbishop of Canterbury, the Bishops of Chichester, Winton, and Worcester, are witnesses to the Charter, and denounce a curse against the breakers thereof. One other thing also is worthy of note, that the Kings Demean Chapel, seemeth by this, not to be within the jurisdiction and Diocese of any Bishop, but exempt and as a Regal peculiar reserved only to the visitation and immediate government of the King, or such as it pleaseth him to substitute; for the Archbishop of Canterbury hath no jurisdiction there by his own confession, ut pat. Hoveden l. 4. 7. pa. 547.  
William Rufus in like manner told Anselm Archbishop of Canterbury, that no Archbishop or Bishop of his Kingdom should be subject to the Court of Rome, or to the Pope,— Quòd nullus Archiepiscopus vel Episcopus regni sui (saith Mat. Paris.) curiae Romanae ut▪ Papae subesset. And because Anselm asked leave of him to fetch his pall from Pope Vrbane at Rome,— hanob rem (saith Mat. Paris.) à rege majestatis reus postulatur; he is called in question of High Treason, an● Gundulphus Bishop of Rochester, and very many other Bishops approved the accusation; In vita Will. 2. p. 17▪ & 18. Malmsbery reporteth that his offence was for appealing to the Pope in matters between the King and him; but he agreeth that all he had was confiscate▪ and himself banished by consent of the Bishops; and he addeth further, that being after recalled into the King's favour, upon a new difference between the King and him, he appealed the second time to Pope Vrbane, and without the King's licence would go thither, for which cause his whole Bishopric and goods were reseised into the King's hands, and he exiled. And though the Pope threatened to excommunicate the King, if he restored him not, and the Council then holden at Rome, stormed much at the matter, yet Anselm continued in that plight during the lives both of the King and the Pope.  
Malmsb. de gest. Pontif. li. 1. pa. 221, etc.    
FINIS.   

An answer to a question of a Gentleman of quality (proposed to and made by a Reverend and learned Divine living in London) concerning the settlement or abolition of Tithes by the Parliament, which caused him to doubt how to dispose of his Son whom he had designed for the Ministrey: wherein also are comprised some Animadversions upon a late little pamphlet called, The Country's plea against Tithes, discovering the ignorant mistake of the Authors of it, touching the maintenance of the Ministry.  
Sir,  
THough it were high presumption for a private man, as I am, to presage what so wise a Senate as the Parliament will do for the future, either in point of Tithes, or any other affair of so public concernment, yet I hope I may, without reaching above my line, take upon me to tell you, that the ground of your doubt touching their alienation of Tithes from the Ministry, (which I shall bring in its proper place) is but such as will serve rather to bear up a transient suspicion or surmise of such a matter, than a settled assurance that it either is so already, or that hereafter it will be so. For the first, That it is not so, I am sure; because,  
1. They have passed an Ordinance for the Minister's recovery of Tithes, and other Ministerial deuce from such as do detain them, November 8. 1644. which is still in force, through the influence of their power and favour.  
2. They have made competent additions to very many livings out of impropriated Tithes in the hands of Delinquents; and this they have done with so much cheerfulness, and beneficence on the Minister's behalf, by the Committee for plundered Ministers▪ that many have cause to bless God for them as their great Patrons, and benefactors for that manner of maintenance; wherein they have done beyond and above any Parliament that were before them, and they continue and persist in the making of such augmentations, as occasion is offered, to this very day.  
3. They have given the repulse to divers petitions against Tithes, which by the instinct and instigation of men of unsound principles and unquiet spirits have been put up unto them.  
For the second, that they will not take them away in time to come, I have these grounds, if not of infallible certainty, yet of very great probability.  
Though they have resolved upon the sale of Bishop's lands and revenues, in their Ordinance of November 16. 1646. for that purpose, they have made an especial exception with respect to the maiutenance of Ministers in these words, Except parsonages appropriate, tithes, tithes appropriate, oblations, obventions, portions of tithes, parsonages, vicarages, Churches, Chapels, advowsons, donatives, nomination, rights of patronage and presentation.  
In excepting the right of patronage, they mean neither to leave it to the power of the people to choose what Minister they please, (and the practice of the Honourable Committee for plundered Ministers showeth the same, for they appoint and place Ministers very often without the petitions of the people, and sometimes against them, as their wisdom seeth cause; and if it were not so, many would choose such as deserved to be put out again.) Nor to put the Ministers upon the voluntary pensions, or contributions of the people for their subsistence, but assign them under such a title what belongeth unto them by the Laws of the Land, viz. Tithes, obventions, etc. which intimates their mind not only for the present, but for the future.  
Their wisdom well knoweth that the Revenue of Tithes as it is most ancient for the original of it, and most general in practice, both for times and places, so it hath the best warrant from the word of God (not only in the old Testament, which none can deny, but in the new, which though it be denied by some, is averred by others, as D. Carleton, M. Roberts, D. Sclater, M. Bagshaw, in their treatises of Tithes, and yet unrefuted by any) and from the Laws of many Christian States, especially from the Statutes of our Kingdom, whereof abundant evidence is given in the book of the learned Antiquary, Sr Henry Spelman.  
3. That notwithstanding all the authority that may be pleaded for them, the people are backward enough to pay to their Ministers a competent maintenance; and if Tithes should be put down by the Parliament, it would be very much ado to bring them up any other way to any reasonable proportion of allowance for their support; and so in most places the Ministry would be reduced to extreme poverty, and that poverty would produce contempt of their calling, and that contempt atheism.  
4. That it is evident that such as make the loudest noise against the tenure of Tithes, are as opposite to the office and calling of Ministers as to their maintenance; and intent by their lefthanded Logic (because as the saying is, the Benefit or Benefice is allotted to the office) to make way for the taking away of the Ministry, by the taking away of Tithes; and not to wait the leisure of consequential operation, (according to the craft of Julian, who rob the Church of means, expecting the want of wages would in time bring after it a want of workmen) but presently to bear down both, as Relatives mutually infer one another, as well by a negative as a positive inference; and so as the Parliament having put down the office of the Prelacy, now makes sale of their lands, they, if they could prevail for the discarding of Tithes, would by the same argument (clamour and slander) presently and importunately press for deposition of the Ministry. And we see how they take upon them with equal confidence and diligence, not only to write, but 
a Erbury at Oxford and Cox at London.  publicly to dispute against them both.  
5. That if rights, so firmly set upon so many solid foundations, should be supplanted, it would much weaken the tenure or title that any man hath to his lands, or goods, and would be a ready plea for rash innovators; and the rather, because of the manner of the Anabaptists proceedings, who began their claim of Christian liberty with a 
b Sleydan Comment. l. 5. fol. 71. a  relaxation of Tithes, and went on to take off the Interdict or restraint in hunting, fishing, and fowling, wherein they would allow neither Nobility, nor Gentry, any more privilege than the meanest peasant. And as their principles were loose; so were their practices licentious, for they held a 
c Ibid.  community of goods, and equality of estates; 
d Bonorum quoque communion● & humanitati cum primis esse consentaneam, & ut ex dignitate sunt omnet aequales, & ex conditione libere & promiscuè omnibus bonis ut untur. Ibid. fol. 64. prope sinem.  whereupon 
e Quo factum est, ut vulgus ab operis atque labore desisteret, & quâ quisque re careret ab aliis qui abundabant etiam invitis acciperit. Ibid. See also l. 10. princip.  the Common people gave over their work; and whatsoever they wanted they took from the rich even against their good wills; So that it was a breach of their Christian liberty, belike, to have a lock or a bolt on a door, to keep a peculiar possession of any thing from them. And the liberty was more and more amplified, according to the fancies of their dreaming doctors, for their dreams were the oracles of their common people; and every day they set forth their liberty in a new edition, corrupted and augmented, till all the partition walls of propriety were broken down; and so not content to have other men's goods at their disposal, and to be quit from payment of rents, and debts, (having made a monopoly of Saintship to themselves) they excommunicated all who were not of their faction both out of sacred society of the Church, and out of common communion in the world as wicked and profane, and unworthy not only of livelihood but of life also; and usurped a power to 
a Promittebat auxilium quo viz. impiis interfectis, novi substituerentur principes & Magistratus: namà Deo sibi mandatum esse profitebatur (scil. Muncerus) ut sublatis illis constitueret novos Ibid.  depose Prince and other Civil Magistrates, as they pretended they had commission to kill them, and to constitute new ones in their stead as they should think fit. 
b Sathanas sub Evangelii praetextu multos hoc tempore seditiosos & planè sanguinarios ex citavit Doctores. Sleydan Comment: l. 5. fol. 72. See more of their Doctrine l. 10. principio. and of their doings in the following discourse of the Author of the same book.  Such seditious and sanguinary Doctors, as Luther called them, did Satan stir up under the pretext of evangelical liberty; a liberty which in them admitted of no bounds, being like the &c. oath without banks, or bottom, of no rule or order, being carried on with a wild and giddy violence; such as the great and pernicious impostor of the world prompted them unto, though they vented their diabolical illusions under the Title of Divine Revelations, as the Prince of darkness made them believe, when he put on his holiday habit, the appearance of an Angel of light. 2 Cor. 11. 14.  
6. That the payment of Tithes where there are the fruits of the earth, and increase of cattle, out of which they may be raised, is the most equitable way and means of maintaining the Minister, since such a gain is not only harmless, and without sin, for the manner of acquisition, (which we cannot say of pensions and exhibitions made up out of trade or traffic) but such as may be most permanent and constant, since whether the Tithe be less or more, it is still proportionable to the other nine parts; and if the years be plentiful, there is the more provision for house-keeping, if scarce, that part though less is the more in price and worth, either for use in kind, or for exchange for other commodities. Whereas a rate in money which is competent in some places, and at some times, is incompetent in others, such is the change both of moneys and necessaries bought with money. For money, the time was when an ounce of silver now at 5. s. was valued but at 20. d. So in the Act of Parliament in the third of Edward the first, Coke Instit. part 2. p. 410. when 20 marks a year was enough honourably to maintain a Student at the Inns of Court. Fortescue is his Commentary on the Laws of England, c. 49. p. 114. And this was held so great a charge as was to be borne only by the sons of Noblemen, and therefore they only, saith the same Author, studied the Laws in those Inns, Ibid. And of old the Revenues fit for a Knight was rated to 20. l. a year, of a Baron to 400 marks a year, and of an Earl 400. l. a year: Coke Instit. l. 2. c. 3. Sect. 95. fol. 69. and Lindwood in his provincial Constitutions notes upon the rate of a Vicarage (for such by the fraud and rapine of the superior Popish Clergy 
a Vitario perpetuum stipendium quinque marcarum statuitur, nisi in partibus aliquibus Walliae ubi minore contenti sintd. Lindwood constitut. l. 1. de offic. vicar. fol. 46. p. 2 col. 2. in Textu & fol. 47. p. col. 1. Sed in glos. lit. g. Augmentatio facta est ad 8 Marcas, sed tamen alii qui no● sunt contenti sine decem Marcis; & revera 5 Marcae non sufficiunt ad hospitalitatem & alia Ibid. in glos. lit. g.  were many times deprived of Tithes, and put to pensions) that it was to be 5 marks in England, but in some parts of Wales they were content with less, afterwards their means was augmented to 8 marks a year, but some would not be contented with less than 10 marks a year; and, indeed saith the Gloss, 5 marks was too little for Hospitality, and other expenses; implying that 10 marks was sufficient for all occasions.  
2 As for money, so for commodities to be bought with it, the prices have been very various; In the 
b See Polt Abridg. Edict. Londin. 1640. p. 11.  Statute entitled Assisa panis & cervisiae, made Anno 51 H. 3. and Anno Dom. 1266. the dearest rate for a quarter of wheat (which in the middle of the Kingdom is a measure containing eight times four pecks, I render it by that proportion, because it is more generally known) was 12. s. the cheapest 1. s. so that betwixt these two extremes the ordinary rate might be about 6. s. the quarter. And for other provisions the rate set upon them in a dearth in the Reign of Edward the second was this, for an ox fatted with grass fifteen shillings, for one fatted with corn twenty shillings; the best cow twelve shillings, a fat hog of two years old three shillings; a fat sheep shorn fourteen pence, with the fleece twenty pence; a fat goose two pence halfpenny, a fat capon two pence halfpenny, a fat hen a penny, four pigeons a penny, so that whosoever sold above should forfeit their ware to the King. Dan. Hist. l. 2. p. 209. And I well remember that not very many years ago there was a controversy brought before the commissioners of charitable uses in Cheshire; wherein was discovered the cheapness of things in former times: the case was thus. There was a legacy of twenty marks given to the parish of Wood-church in that County to buy oxen to till the ground of poor men, with which small sum at the time of the donation, (about sevenscore years before) were bought no fewer than twenty yoke of oxen; which because the poor people were not able so to keep that they might be strong to labour, it was thought fit to sell them and to buy in their stead as many milch kine as the money would reach unto, which were to be hired at a low rate to such as were not able to buy such cattle for themselves. But it is yet a cheaper price we read of in Edward the first his days, when by Stat. Westm. an ox was to be sold but at 5. s. so in the 13th year of Edward the 1. cited in Coke Instit. part 2. p. 410. How rates are raised in the present age (whether by scarcity of things, or by the increase of people, or multiplication of coin, or all) is not unknown to any, and too much experimentally by many whose portion is too penurious for their necessary expenses. Nor is this great difference of rates, either for money, or for goods, brought to pass on the sudden, but raised by degrees; so that if the rule of tithing should be laid down, the Ministers wages must be changed, as jacob's was in Laban's service, many times over, which would be an intricate trouble to proportion according to several variations of persons, and places; to which inconvenience the maintenance by Tithes is not obnoxious; nor to any other, which may be compared with such as will hardly be separated (if at all) from the alienation of Tithes.  
That if any innovation be made in this matter, and the people be displeased with it, (as they will quickly be displeased with any thing which puts them to cost) they will take the more boldness to contemn it, because it is new, and for that it neither hath, nor is like to have such a ratification of authority, either divine, or humane, by constitution or prescription, as tithing hath had; no, though it should be supposed to last to the end of the world. For Tithes were paid 1933 years, almost 2000 years before Christ; Salian Annal. Tom 1. p. 251. nu. 41. & since Christ (excepting some times of persecution) for the most part of sixteen hundred forty six years; and we cannot hope the remaining age of the world will hold out half so long.  
To these I could add divers other considerations of importance, which cannot be hid from the prudence of such a multitude of sage Counsellors as that most Honourable Senate the Parliament consisteth of; which maketh me confident that before they give assent to any such petitions as are put up against Tithes, they will be pleased to hear what the Assembly of Divines can say in answer to such objections, as are framed against them, upon pretence either of Scripture or religious reason.  

Animadversions upon the Petition of the Committee of Kent.  
AGainst this, that which moved you to think the Parliament would take away Tithes, was, that you have read in one of the news books, that the Knights and Gentlemen of Kent presented a petition to the Honourable House of Commons, against the payment of Tithes unto Ministers, and that they received thanks from the Speaker in the name of the House for that service, and that it is held fit to be a leading case for all other Counties of the Kingdom.  
You must beware how you believe the news books, for they are many times ignorantly and inconsiderately erroneous, or fallaciously false, out of an ill affection to some, and apparent partiality to others.  
For the Petition itself, 1. It cometh not as from the Knights and Gentlemen of that County in common, (who I am credibly informed are not very well pleased with it) but from the Committee of Kent, who (if they be like the Committees in many places) are not all of them men of sound, and orthodox Judgement, neither for matter of Tithes, nor for divers other Tenets of Religion.  
2. Howsoever they profess a good meaning to establish a sufficient maintenance for godly and well deserving Ministers; a very good meaning to extend it so far as to succour their widows and fatherless children, as we see by the 8th proposition of their new project. It will be a problem (which the present age perhaps will not be able to resolve) who the Trusty's in after times will accept for such Ministers; although they may have cause to suspect that some part of Kent for the present is not so reform as it should be; Anabaptists and other sectaries having misled many into adverse principles, not only to Tithes, but to other matters of moment, concerning man's duty both of the first and second Table.  
3. For their exceptions against the received maintenance by Tithes they say first, in general, That they bewail the sad condition of the Country, in respect of the uncertain floating, and miserable condition of the Ministry, occasioned by the very nature, manner, and adjuncts of the way of Tithes; which the experience of thus many ages doth plainly evince to be miserably attended with these ensuing mischiefs.  
To which I answer;  
That the miserable and floating condition of the Ministry proceeds not from the nature, manner or adjuncts of their subsistence by way of Tithes; nor doth the experience of thus many ages (that is, of the precedent ages hitherto) evince so much; for God (who is omniscient, and therefore cannot but foresee all subsequent inconveniences for many hundred years to come) established that means to be a standing and settled maintenance for his service; and the misery of the Ministry proceeds not from the nature or manner of Tithes (which to affirm may seem to coast too near their conceit who imagine God to be the author of sin) but from the ill consciences of men, who make no scruple to rob God of his right, Malach. 3. (for Tithes are his portion, Levit. 27. 30.) and Ministers may suffer very much in the present age, because there be many anabaptistical sectaries (from which Kent is not more free, but as some say, more infected than some other Counties) who take up importunate clamours against Tithes as Antichristian and Jewish; and there will be the more by the countenance they may have from such a petition; and such petitioners, because divers of them are of good reputation, not only for wealth, but for their wisdom and learning well affected to Religion and the Parliament; and I believe it the rather, because some godly ministers have expressed their approbation both of it & them, though therein I conceive they showed more of the simplicity of the dove then of the wisdom of the serpent; for albeit their meaning might be so to gather the Tithes, and to put them into such hands, as might be rather for the Ministers ease then for their loss, no man can prophesy that so good a spirit will descend upon their successors, nor how cross they may prove to such a Christian Intention.  
2. For the particular exceptions, they say; first, That for the nature 
Petit.  of this subsistence it is a very mystery, and secret, not easily without much art and industry attained unto; namely for the Minister to know his deuce demandable, or the parishioners their deuce payable; whence ariseth that multitude of scandalous and vexatious suits and brabbles betwixt Ministers and people, which doth fill all the Courts at Westminster, and other the Justice-sitting in the Country likewise with causes in this kind.  
In this charge there be two particulars contained, first, of the difficulty of knowing the right of Tithes; secondly, of the vexatious suits raised betwixt pastors and people upon that ground.  
For the first, It is a very strange mystery, that after so many hundred years of Tithing it should not yet be known what it is; but I doubt not but in this case the right is better known unto Ministers that should receive Tithes, then acknowledged by the people that ought to pay them; And how can they set up their new design upon the old foundation of Tithing, as they project it, if it cannot be known what is the Ministers demandable due, what the people's payable duty: that model is more like to be a mystery which they propound, since it was never heard of in this Kingdom until they had devised it; and as like it is to prove a misery to Ministers, if their portion should come into no better hands than most of theirs, who have petitioned against Tithes since this Session of the Parliament.  
And secondly, for the multitude of scandalous and vexatious suits, they make no more against the Right of Tithes, then against borrowing and lending, buying and selling, letting of leases, settling inheritances, Jointures, etc. upon which titles are set the greatest number of suits; and for suits for Tithes if the law allow them a right, it alloweth them a remedy to recover that right; and for the suits that were occasioned thereby, they are neither so many as is here presented, nor so scandalous for the Minister's part, for they may be imputed to the old avarice of worldly minded men, who being of a contrary mind to the Apostle, think it an hard bargain to exchange their carnal for the Ministers spiritual things; but principally to the new principles and practices of such unreasonable reformers, as imagine they are never sarre enough removed from one extreme until they arrive at the other, accounting all superstitious in point of Tithing, that are not sacrilegious.  
2. For the manner of it, respecting either the collecting or payment 
Petit.  of Tithes, it is a mutual scourge in the hand of Ministers and people each to other, if either or both (as too often it happens) prove covetous or cross.  
If it be a mutual scourge, it would well become the wisdom 
Answ.  of these Committee-men to inquire where the right is, and who doth the wrong, and to project a way how the wrongdoer may be made to do right and to give due satisfaction to such as suffer under an undeserved scourge, and I hope when our reformation is grown up to such a competent degree of strength and stature as that it may quit the service of Country Committees, there will be no more cause of such a complaint then for many hundred years heretofore there hath been.  
3. For its adjuncts (that is of the maintenance by Tithes) the 
Petit.  mischiefs of them will appear innumerable, if the pregnancy of only one be but considered; namely, in the unreasonable proportion of livings, or values of Churches to which they are belonging, whence arise these inseparable evils.  
By what newfound Logic will you frame such an Induction, 
Answ.  as from one particular to infer innumerable mischiefs, particularly from the disproportion of livings? You seem to think otherwise, where you say in your 8th proposition, that in the distribution of the revenues for Ministers regard must be had to the desert of the person, his family, and charge; if so, certainly there is a great disproportion in deserts; and for charge it is considerable, not only for the greatness of a Ministers family, but for the dearness of his education; some have spent many years, and a large patrimony in the University, to make them fit for the Ministry; and should not they be supplied with a more liberal allowance (caeteris paribus) then those who have been at little expense both of time & estate to be duly qualified for such a calling? If the proportion of parts, and pains, of charge both Academical, and Economical, be duly weighed, there will be many more livings found too little then too great for a Minister's maintenance; especially if you will allow him a Library (such as a learned Knight thought necessary for a Minister) of 600. l. value. But if the proportion be unreasonable, must Tithes be supplanted and their ancient Tenure abolished for such a disproportion? must the foundation be digged up because the building is too high? may not a tree, whose branches are too luxuriant, be lopped, and left entire in the body and root? when a man's beard is too long, will you cut off his chin? that out of doubt were an unreasonable reformation.  
4. From this unreasonable proportion, you say, arise these 
Petit.  unseparable evils. 1 That most unworthy persons, who by favour or friendship or any sinister ways can get into the greatest livings, being once invested with a legal right of freehold for their lives, securely fleece the flock, and feed themselves without fear or care, more than to keep themselves without the compass of a sequestration, whilst others both painful and conscionable both serve starve.  
This is not (as you call it) an unseparable evil from the proportion you speak of; for there be some men who have 
Answ.  had, and at this present have great livings, not by any sinister ways, but by such favour and friendship as is ingenuous, and just, and who keep as great a distance from desert of sequestration as any Committee man doth within the County wherein they live. And if they carry themselves so as to be without fear and care, and without the compass of a sequestration, in these inquisitive and accusative times, they are more to be countenanced and encouraged then many of those who are professed adversaries to them. But the matter, it seems, that troubles you is, that they are invested with a legal right of free hold for their lives, and if they have such a right, and walk so warily as to keep out of the reach of a just sequestration, why should they not enjoy it? would you have all to be betrusted to the discretion and conscience of your arbitrary Committees? Truly Gentelemen, we are afraid to trust you so far, as to give up such a certain title as formerly and anciently established upon the Incumbent by the fundamental Laws of the Land, as the right of any person to his Temporal estate, and to stand to your arbitrary dispensations for our livelihood; lest Laban-like you should change our wages ten times: and if your petition should take place, it might prove of very ill consequence in another generation, were you never so well minded, and it may be sooner (in the next succession:) for if the trusties should be either proud or covetous, or profane or licentious, heretical, or schismatical, the best Miinisters might happily be the worst dealt withal; and the right of receiving Tithes taken out of their hands might put them into the passive condition of silly and impotent wards under subtle and domineering Tutors or Guardians, in name such, but indeed nothing less than assertors and defenders of their rights, as Tutors and Guardians ought to be. And that our fear and jealousy is not without cause in respect of trusties and Committee-men, nor so much of you in particular, of some of whom we have heard and believe much good, as of such as may have as great authority without so good an intention, we shall give you our ground out of the observation and complaint of witnesses above exception, viz. the well affected freemen and covenant-engaged Citizens of the City of London, in their humble representation to the right Honourable the Lords and Commons in Parliament assembled, in these words. And here we may not omit to hint unto your Honours the exorbitant practices of many Committees and Committee-men, who have such an influence by means of their authority upon the people, they being at their wills and in their power to do them a displeasure, that they dare not do otherwise, then obey their unlawful commands, without the inevitable hazard of their peace and safety; through which means tyranny is exercised by one fellow-subject upon another, and justice and equity cannot enter. The cries of all sorts of people through the land are grown so loud against the people of this vocation and profession, by reason of those grievous oppressions that are continually acted by them, that in tenderness of affection toward our brethren, not being ignorant or insensible of our own sufferings in this kind, and the great dishonour accrueing to the Parliament thereby, that we cannot but be earnest suitors to your mercy and justice that such may be dissolved.  
2. For obtainment of these livings we see such sordid compliances 
Petit.  with such persons as have the fattest benefices (as they count and call them) in their dispose; such artifices in contriving, making, and colouring over Simoniacal and sinful bargains, compacts, and matches, such chopping of Churches, and restless change of places, till they get into the easiest and warmest: and other such like practices not to be named, nor yet to be prevented or removed, otherwise then by flucking up the very root which naturally brancheth out itself into these foresaid mischiefs, so obstructive and destructive to all reformation.  
Here is a great deal of aggravating rhetoric against the greatness 
Answ.  of Church-livings. But why should all this evil be imagined rather of Ministers fat benefices as you say they are called, then of great and gainful offices in the State? Is there not more care had, and more strict trial taken of Minister's sincerity and integrity then of secular officers? surely we are bound in charity to expect a more reformed Ministry, than we have had, who will rather say unto a Simoniacal patron as Peter to Simon Magus, Thy money perish with thee, Acts 8. 20. then be Levies to such a Simeon in making a base and corrupt contract for a benefice. And for that you say, that such practices are not to be prevented or removed, otherwise then by plucking up the very root, which naturally brancheth itself out into these foresaid mischiefs, so obstructive and destructive to all religion. Whether you mean Tithes to be this root, or the disproportion of Benefices, or the right of patronage and protection, I cannot tell, but sure I am, that the Apostle calls covetousness the root of all evil, and so the root of that evil which sometimes passeth betwixt a Patron and his Chaplain: and may as frequently, and with as much injury be found betwixt some Committee-men and trusties and the Ministers of their choice, as any other. But as I am confident that there will be an amendment on the Minister's part, by the regular way of the Parliaments reformation, according to the directions of ordination of Ministers already printed & accordingly practised, so will it be not only possible, but easy for the State to find out a fit means to prevent prevarication on the part of the Patron; but if Tithes be removed from their ancient foundation, and lest loose to the disposal of trusties or Committee-men, they will be a more ready prey for the covetous into whose hands they may come, and from whose hands perhaps they cannot without great difficulty be redeemed.  
Lastly, in the close of this Petition, the Petitioners show great care that the Ministers may be freed from the encumbrance of Tithes, to serve the Lord without distraction, and to give themselves to the Word of God and Prayer, and to be only employed to make ready a people prepared for the Lord; And so they may do if they be maintained by Tithes; for that means of maintenance gives a man occasion of more and better acquaintance with the particular disposition of his people, and it is his part to be diligent to know the state of his flock, Prov. 27. 23. And for that trouble which may be thought inconsistent with the Calling of a Minister, if his means be sufficient, he may have a servant to take it from him, and ease him of it. I know a Minister whose Benefice was a Vicarage, and his Parish so large, that it was 11 miles in length, and of a proportionable breadth, yet did it not put him to the expense of one day in a year to compound for, or gather in his dispersed portion.  
Now for the success and acceptance of the Petition in the Honourable House of Commons, to which it was presented; if such an innovation had been granted for that County, it had been fitter to have been made a Sibboleth, for that cauthe or angle of the Kingdom (for so the word Kent signifieth) as their custom of 
* Gavelkind is a custom anciently observed in Kent, whereby the land of the father is equally divided among all his sons, or the land of a brother equally divided among his brethren, if he have no issue of his own, this was so common a custom as appears by the Stat. in the 18. year of H. 6. ca 1. that there were not above 30 or 40 persons in Kent that held by any other tenure; but Anuo 31 H. 8. ca 3. many Gentlemen upon Petition got an alteration thereof.  Gavelkind, then to be made a precedent or pattern of conformity to other parts of the Kingdom, as the News-Book of the same week prescribed that to his Reader.  
But the answer of the worthy Senate was such as may further confirm us in our confidence, that they will still continue to be gracious Patrons of the maintenance of Ministers, and that they will be more ready to ratify precedent Statutes and their own Ordinance made in that behalf, then to dissettle their tenure which is founded upon them, and to make Ministers arbitrary Pensioners to such as may be so far swayed by misprision of judgement, or personal disaffection, as to deal most penuriously with those, who being truly valued (without erroneous mistaking or injurious misliking) may both by the eminence of their parts, and their faithfulness in their places, deserve the most ample, and most honourable Revenue. I will give you their answer in their own words, which are most authentic, they are these.  
M. Speaker by order of the House of Commons did give the Petitioners (the Committee of Kent) thanks for their former services, and took notice of their good affections to the Public; and did acquaint them, That the great businesses of the Kingdom are now instant and pressing upon them, and that they will take the Petition into consideration in due time, and that in the mean time they take care that Tithes may be paid according to Law.  
But there are some in the Parliament that hold the maintenance 
Object.  of Ministers by Tithes to be Jewish and Popish, and therefore they will give countenance to Petitions that are put up against them, and do what they can under such titles to render them offensive to such as are truly religious, especially to those who have most power to abolish them.  
1. It may be there are some such, and if there be some such among 
Answ.  so many, it is neither to be thought strange, nor true, for such a number of them as may be able to carry the cause against the continuance of Tithes.  
2. For the term Jewish, it is mis-applyed against Tithes, as it was by the Prelates of late, & is by the Anabaptists at the present against the Sabbath; nor are they more Popish than Jewish; For the Papists, though their people pay them, and their Priests receive them, yet they for the most part holding them to depend merely upon Ecclesiastical constitution, made no scruple of changing them into secular titles or uses, as in Impropriations in the hands of Laymen, and many other distributions made out of them several ways, without any respect to the service of the Sanctuary. Nor is there any thing in the payment and receiving of Tithes under the state of the Gospel, which may prebably be suspected to have any savour of Judaisme, or Popery, save only the payment of Tenths by the Ministers to the King, as hath been lately well observed by Mr L. in his second Book against Mr S. I will set down his words, and seriously commend them to the consideration of our religious Reformers; they are these, in answer to Mr S. his Question.  
Qu. What 
a Smoke p. 25.  are the maintenance of Ministers by Tithes? Jewish and Popish undeniably.  
Ans. How? Jewish and Popish undeniably? As undeniably as the Sabbath was Jewish when the Prelates so called it, or the article of the Trinity Popish, as 
b Quod Ecclesiae resormatae adhuc in side Tinitatis cum Papistis conconveniret. Bell. praesat. in lib. de Christo, Tom. 1. second Controvers. general. p. 271.  Valentinus Gentilis took it, when he disliked the doctrine of the Reformed Churches in that point, because they agreed with the Papists therein. You are grossly mistaken Sir in the tenure of Tithes, for though there be a clamour taken up against them by such as make no scruple either of slander or of sacrilege, and some would change the Minister's portion, which is their master's wages for his own work and reduce them to voluntary pensions of the people, (because they would have a liberty to beggar them w●● will not humour them in their fond and false opinions, and licentious practices, but oppose them as of conscience they are bound to do) neither you, nor all your party can prove them either jewish or Popish, as they are allowed and received for the maintenance of the Ministers of England. And because you are so confident in your opinion against Tithes, and show yourself to have a good opinion of Mr Nye, (whom with Mr Goodwin 
c Smoke p. 14.  you cite for a worthy saying touching the golden Ball of Government) I refer you for satisfaction to him, who will tell you (as he hath done divers others in my hearing) that Ministers of the Gospel may hold, and receive Tithes for their maintenance by a right and title which is neither Jewish nor Popish, but truly Christian; and there is nothing jewish or Popish in Tithes, but the assignation of the decimae decimarum, from the 
d Numb. 18 28  levitical Priests to the high Priest, from the high Priest to the 
e In veteri lege primitiae debebantur sacerdotibus, decimae autem Levitis, & quia sub sacerdotibus Levitae erant, Dominus mandavit ut ipsi loco decimarum solverent summo sacerdoti▪ decimam decimae, unde nunc eadem ratione tenentur Clerici summo ponti fici decimam dare si exiger et. Aquin. 22. q. 87. a. 4. ad 3. Soto 9 Inst. q. 4. art. 4. ad. 3. Lo●in. in Num. 18. 28. p. 687.  Pope, and from the Pope to the King; when first Pope Urbane gave them to Richard the second to aid him against Charles the French King, and others that uphold Clement the seventh against him, as 
f Polyd. Virg. Hist. l. 16.  Polydore Virgil relateth. And▪ King Henry the eighth taking from the Pope the title of head of the Church to himself by 
g Anno 26 H. 8. c. 1. Poult. Abridg. p. 561.  Act of Parliament, took from him the tenths, and other profits annexed to that title, which were settled upon the Crown by 
h Ibid. c. 2. p. 565.  Statute in the 26th year of Henry the 8. so that the jewish high Priesthood being expired, the papal Lordship abolished, the Tithes paid under those titles, may be called jewish and Popish, but not that which is assigned for the maintenance of Ministers, because they are yet to do service to their Master, and so to receive the maintenance of his allowance for his work; which fellow-servants cannot take upon them to take away without presumption; their door-neighbour will not allow them a power to appoint the wages of their servants, much less may they usurp upon the right of God, and his Ministers, to alienate tithes from the support of his service and worship, for that is rather Popish, as hath before been observed.  
Which being true and clear, (as touching the pedigree of such Tithes from the high Priesthood of Aaron to the Independent Prelacy of the Pope, and from him to the King, as by claim from the title, Head of the Church, translated from the Mitre to the Crown) it will not I conceive be thought congruous to the Christian Reformation (the thorough Reformation professed by our worthy and religious Rulers) that such Monuments of Superstition or Popery should be removed, which were unprofitable, and that only retained (as a silver shrine to Diana) which brings gain to the King or State, and puts the charge upon the Ministers of the Gospel; who thereby (I may say it confidently for some whom I know) are brought to this perplexed Dilemma, either to pay them with reluctancy, (as no less contrary to their consciences then to their commodities) or to deny or withhold them with suspicion, or imputation of avarice, or disobedience to lawful Authority.  

Obj.  But the Parliament liketh not that Tithes should be proposed, or pressed, as many Divines do, both in Pulpit, and from the Press, as of divine right; which because they think to be wrong, they will rather reject them, then ratify them under a title of so high a strain.  
1. Not only Divines, but divers 
i Sir▪ Ed. Coke in his second Report in the Archb: of Can. his case. f. 49. b. And so the Author of the foregoing learned Work.  others (who are men of very eminent note) hold Tithes to be due by divine right, and some of them have undertaken to prove them so, and to answer all objections against them, which how far they have performed 
Answ.  is left to the judgement of indifferent Readers.  
2. It is more like that (as both religion and reason will dictate unto them) they will be the more wary how they take them away, lest if that tenure should prove true, they should be found guilty of the sin of sacrilege, that they should abolish them, and that they will seriously search and inquire into the ground of that title, and while they are in doubt, that they will resolve of the safest course, which is, not to repeal them; for as we must forbear to feed of meats of which another saith, that they are sacrificed to idols, 2 Cor. 10. 28. (for his sake that saith it, though but a private Christian;) so if Divines say, (and bring Scripture and reason for it) that Tithes are dedicated to God, or by him assumed, first to himself, and then assigned or set over by him to his servants, for his work in waiting on his worship, which must be maintained to the world's end, it will be rather a reason for them to support the tenure of Tithes by their Parliamentary power, than any way to prompt or dispose them to desert it, or to alienate their right from Ecclesiastical uses.  
The fear of sacrilege hath been of such force with some heathen Moralists, as Plutarch observeth in his Morals, that if they pulled down a house contiguous to a temple, they would leave some of that part standing which was next unto it, lest they should with it take away any part of the Temple itself. Wherein if they showed any spice of superstition, it will be more capable of pardon, or less liable to punishment at the hand of God, than we may expect if we proceed hastily to lay violent hands upon any thing peculiarly entitled to his honour, who is the author and giver of all things to all men.  
2. If the plea of a divine right for Tithes (supposing it setteth them up too high) should incline to irritation in some to make opposition against them, why should not the contrary tenet which peremptorily taketh them down too low, calling them Jewish, Antichristian, and Popish, and that undeniably, (as hath been said, but never can be proved) move others the rather to retain them, and confirm them? chiefly the Parliament (whose authority is most engaged for their justification) and especially since the servants of God have had possession of them by so many laws, and so long a prescription; for according to the maxim of the law, the possessors title is the best until he be 
Longa possessio (sicut jus) parit jus possidendi & roll it actionem vero domino. Bract. l. 2. fo. 52.  fairly evicted out of it.  
3. If the Parliament do not in their approbation of Tithes come up to the tenure of divine right, they may yet be willing enough to establish them upon other grounds, and leave Divines to the liberty of their judgement & consciences to plead for them according to the principles of their own profession, as in their Ordinances made for setting up of the Presbyterial Government, though yet they be not satisfied of the claim of divine right for it, they were pleased to authorise it by their Ordinance, and to require Divines to prepare the people for the reception thereof by preaching of it, and for it; so as both to clear it, and assure it (so far as they could) by the sacred Scripture.  
And on the other side while they approve it, though but by a civil assent, (as to a prudential design, until they see more light, which they look for in the Answer to their Queres proposed to the Assembly of Divines) the Presbyterians who hold it in the highest esteem take none offence that they proceed no farther, and profess themselves well satisfied with their civil sanction; so one of the learned Commissioners of Scotland hath said, in the name of the rest, in these words, If they shall in a 
M. Gillespie his brotherly examination of M. Colemans' Serm. p. 32, 33.  Parliamentary and Legislative way establish that thing, which is really, and in itself agreeable to the Word of God, though they do not declare it to be the will of jesus Christ, they are satisfied.  
Ob. If there were no purpose to put down Tithes by such as are in Authority, how cometh it to pass that the Anabaptists are more bold in London to take up a public contestation against them, than the Presbyterians to make apology for them? for did not one Mr B. C. an Anabaptist manage a dispute against Mr W. I. of Chr. and after that undertake another upon the same argument against M. I. Cr. and offered to proceed in it against all opposition, which M. Cr. durst not do, upon pretence of a prohibition from authority?  
Ans. 1. It is no strange thing for men who have a bad cause to set a good face on it, and to make out with boldness and confidence what is wanting in truth of judgement, and strength of argument; this is observed of the Papists by a judicious Author, 
Sir Ed: Sands Europe. Specul. p. 85.  whom he showeth to have been forward in the offers of disputation with iterated and importunate suits for public audience and judgement. And Bellarmine reporteth out of Surius, that Io: Cochleus a great Zealot for the Papacy, offered to dispute with 
Obtulit se ad disputandum ●um quovis Lutherano sub poena capitis si in probationibus defecisset. Bell. ce Eccles. Script. p. 423.  any Lutheran upon peril of his life, if he failed in the proof of his part of the Question●  
2. For the boldness of the Anabaptists at this time, and in this Cause, and this City, there may be divers conjectural reasons in particular given thereof, besides the general already observed; as,  
1. Because they advance in their hopes of a toleration of their Sect; and to promote that hope they have been so ready to engage in military service, with a design no doubt to get that liberty by force (if they be able) which by favour of authority they cannot obtain.  
2. For this matter of Tithes, they might be more forward to oppose their tenure, because it is a very popular and plausible argument, wherein they might have the good wills of the people, that they might prevail, and their conceits that they did so, (though they did not) because they would be very apt to believe 
Quod valdè volumus facilè ●redimus.  what they vehemently desire may come to pass; and it is not to be doubted but a dram of seeming probability will prevail more with most worldlings to spare their purses, than an ounce of sound reason to put them to charges.  
3. They might take some encouragement to dispute against Tithes in this City, because there is a project to change the maintenance of the Ministers set on foot by many worthy, and well-minded Citizens, which yet in truth makes nothing for the Anabaptists opinion, who would have Ministers maintained by mere benevolence; for the Citizens, as they intent a more liberal allowance than the former, (since they see many of their Churches are destitute of Ministers, because their Ministers have been destitute of means) so they mean that it shall be certain, settled by Authority, and not left arbitrary to the courtesy of men.  
3. For the two disputes, the one managed betwixt M. W. I. and M. B. C. the other purposed betwixt M. I. Cr. and the same B. C. but disappointed, it makes nothing at all for the taking away of Tithes; For as touching the former, they who were not possessed with prejudice, or corrupted with covetousness against the truth, were much confirmed in the lawfulness of such rates as are paid in London under the title of Tithes, though indeed they are not Tithes, and of such only was the debate at that time.  
For the intended debate which was to be touching the divine right of Tithes, though some godly and prudent men thought it should not have been taken in hand without the warrant of public authority, yet they made no doubt but that the truth of the cause, or ability of the man, who undertook the defence of it against M. C. would prevail unto victory. But for the disappointment, it was by the warrant of the Lord Major of the City, to them both, interdicting the dispute, which was both without M. I. Cr. his knowledge, and against his good will; yet he obeyed the prohibition, and when his Antagonist insisted, and urged the performance of what was agreed upon, notwithstanding the contrary command of the Lord Major, his answer was, that it was agreeable to the Anabaptists principles to disobey Authority, but not according to the principles of Presbyterians. And lest B. C. should take it for a token of distrust in his cause, and make it an occasion of vainglory, either against the cause or person of M. I. Cr. he proposed the printing of M. B. C. his arguments against Tithes, and engaged himself to answer them in print, and so to refer both to the judgement of all unbyas●ed Readers, which was the best way to give clear and full satisfaction to such as doubt on which side the truth is swayed by the most authentic testimony and soundest reasons.  
It is no part of my task for the present to argue farther for Tithes, then may answer the doubt you have proposed to me, which is, of the Parliaments purpose and proceedings touching the establishing, or abolishing of them.   

Animadversions upon the late Pamphlet entitled, The Country's plea against Tithes.  
YEt that you may not be scrupled in conscience (as you were in conceit) by a new petty Pamphlet against payment of Tithes, which perhaps may come to your hands; I will give you some animadversions upon it; which may also be of use to others as well as to you. The title of the Book is, The Country's plea against Tithes, with this addition, A Declaration sent to divers eminent Ministers in several parishes of this Kingdom, proving by God's word and moral reason, that Tithes are not due to the Ministers of the Gospel; and that the Law for Tithes was a levitical Law, and to endure no longer than the levitical Priesthood did, etc.  
Wherein the Authors say much in the outside, but make no answerable proof in the inside of the Book. They direct it in the Title page as a Declaration to divers worthy Ministers in the Kingdom, and in the beginning of the body of the Book they present it as a joint Declaration of the people of several parishes for their opinion concerning Tithes, as a Reply to certain papers from some Ministers, pretending to prove Tithes due by authority of Scripture. It had been fair dealing if they had printed those papers of the Ministers, that it might appear how well they had answered them.  
But for the confident contradiction of the Divine right they allege,  

1. The novelty of them in the Christian state.  
2. The ceremoniality of them, as being merely levitical.  
3. The inequality of them in several respects.  
4. The trouble of them to the Minister.   
For the first; they refer the original of them under the Gospel, for the author, to Pope Vrbane; for the time, to the three hundredth year after Christ's ascension; and for proof of both, they cite Origen, Cyprian, and Gregory, at large without any particular quotation to find what they cite: until which time, say they, there was community of all things among Christians.  
But first, they should tell us which urban it was, (who they say begun to bring Tithes into use for the maintenance of the Ministry) for there were 8 of that Name, and of those 8 (if Origen be a witness of it) it must be Vrban the first, Anno 227 who sat but 6 years, & 7 months, & there was not another Pope called Vrban until the year 1087. which was long after the latest of those three, viz. Gregory, (whether they mean Greg. Nazianz. or Greg. Nyssen, or Gregory surnamed,) the Great, Bishop of Rome; and if Origen testified so much of Tithes recalled by Pope Vrban, their original must be ancienter than 300 years after the ascenson; for that urban lived not beyond the year 234, and Origen flourished Anno 226. and if Tithes began when Christians gave over the community of goods, as these men say p. 2. in the name of Tertullian, but bring no proof of it, than had Ministers a propriety in Tithes as soon as others had a propiety of estate; and sooner it could not be. And that which caused this community, the persecution of the Church (which reached to his age: for the 
Tom. 1. Concil. p. 104.  next predecessor to that urban, Calixtus was a Martyr) might very well cause a suspension of Tithes for all that time.  
2. For the tenure of Tithes; there be 3 disputable opinions: 
Decimae sunt pura eleemosyna, & parochiani possunt propter peccata suorum praelatorum, ad libitum suum auserre eas▪ Concil. Constant. Session. 8. Tom. 7. Concil. p. 1016. col. 2. Artic. 18.  1 Whether they be Moral; 2 whether Judicial; 3 whether Ceremonial, (there is a fourth conceit that they are mere Alms, which is imputed to Wickleff in the 8 session of the council of Constance; but that admits of no dispute since it is repugnant to all appearance of reason.) 1 Some hold them Moral, as those Ministers whom these men pretend to answer; most of the Canonists, Marc. Anton. de Dom. de Rep. Eccl. l. 9 c. 2. Zepperus in Explic. legum forens. Mos. c. 10. and many English Divines.  
2. Some hold them Judicial, as Bell. lib de Cler. c. 25.  
3. Some Ceremonial, as these parishioners do. There is the least reason for this last opinion. For Tithes were taken as a tribute by God himself as the chief Lord of all the earth, Levit. 27. 30. whereby he is acknowledged giver of all; and that it is in his power to curse the earth with barrenness, and to starve the creatures that live upon it; and this is true of all ages, and therefore we read of payment of Tithes by Abraham, Gen. 14. 2. Heb. 7. 4. and vowing of Tithes by Jacob, before the levitical Priesthood was established, Gen. 28. 22.  

Object.  But sacrifices, say they, are ancienter than Tithes, and were long before the Ceremonial Law was ordained, yet they are not to be continued in the time of the Gospel.  

Answ.  True, because they were types of future things to be exhibited in the New Testament, but Tithes have no typical intimation in their institution or use, being set apart by God for himself, and given by him as the wages to his servants for doing his work; which he assigned to the Levites for their time, and made them suitable to their state by peculiar ordinances, as Num. 18. 26, 27. etc. Levit. 25. 3. 4. 5. which expired with the Priesthood, though Tithes in general did not; and therefore such particulars are no more to be urged against that maintenance of Ministers in the New Testament, than the Jewish observations of the Sabbath against the keeping of a Christian Sabbath at this day.  
3. For that they say▪ of inequality in respect of impropriations, p. 6. in respect of tradesmen in Towns and Cities, who gain more than farmers and pay no Tithes, p. 9 and in respect of the loss which may befall the farmer, when he hath not increase to answer his cost and labour, Ibid.  
For the two first, it is worthy consideration of those who are in authority how to reduce them to more equality. For the third; the exception lieth no more against Tithes now, then in the time when they acknowledge them most in force; and when it proveth an ill year with the ploughman, it will be well for him to consider whether his unconscionableness in Tithes have not procured a curse upon his portion, according to the commination in the third of Malac. 8, 9  
And lastly, for the trouble of the Minister; 1 If he have but a little Tithe, it will be no great trouble for him to order it, especially since he may lawfully exchange it into money. 2. If he have a great Tithe, it will bear the charge of a servant to ease him of the trouble. And 3. If this inconvenience could not be avoided, (as well it may) there would follow far greater upon the taking away Tithes, such as before we have observed.  
With these exceptions against this revenue of Tithes they have delivered something worthy the acceptation of Ministers, which is p. 5. 6. It is the desire, say they, of all God's people (& so it ought to be) that the Ministers of the Gospel should have a sufficient maintenance allowed them, nay not only a sufficient maintenance, but an abundant, a large and rich maintenance, such a maintenance as they may live liberally without any other employment but the Ministry; Nor is it fit or becoming Christians that their Minister should live in a mean condition either of diet or clothing, but as he is more excellent in calling, so ought he to have a more large & better maintenance in those respects than others, for he feeding the souls with spiritual things, the word of God, the people ought to feed his body liberally with their base temporal things: and in the next page say they; And is it not a shame for a rich and flourishing commonwealth to have a poor and bare Ministry, either in the general, or in some particulars? & yet into such a condition have Impropriations brought the Ministry of this commonwealth in very many places.  
They conclude with an address to the high court of Parliament for a reformation in this particular of Tithes, p. 10. and herein we are content to meet them at the bar of that most wise, pious, and impartial Judicatory of the Kingdom, who, as they have, so we doubt not but they will ratify the ancient Statutes, and their own late Ordinance concerning Tithes; and whatsoever their title be in respect of religion, the people may (though ignorant zealots hold, and covetous worldlings pretend they may not) pay them with good conscience, for the State may impose them for the maintenance of the Ministry, as well as they may impose the 20● part, or any other part they please, to maintain a just war, or to pay the debts of the Kingdom; and others may conscientiously submit to such impositions; and hereto the most learned Divines of the reformed Churches do agree, (though the most of them, as they are mistaken in the true doctrine of the Sabbath, so are they also in this question of Tithes) for albeit they maintain their Ministers while they live, and provide for their widows and fatherless children, when they are dead, 
* Cujus legis (scil politicae) vi nec ipsi fideles reformati denegant solvere decimas, in regnis illis, in quibus subjiciuntur. Principibus qui illas lege solvendas sanciunt; qua ratione etiam à theologis responsum fuit nonnullis qui s●●upulo conscientiae se teneri praetendebant, ne pontificiis ecclesiasticis solverent decimas, qui Idololatriae sunt ministri. D. Riv●t. Exercit. in Genes. Exercit. 80. p. 389. col. ●.  yet they resolve it lawful to pay the 10th to the popish priests, though they officiate in an Idolatrous service, upon the command of the Prince, of State under which they live.  
This may suffice for this little Treatise, which, though little, if it had not been less in weight then in length, I would not have been so observant of the importunity of the Printers calling for my paper, as to dispatch mine animadversions upon it in the short interim of one night, betwixt rising from supper and reposing for sleep, which yet had been too much if most readers were not too readily prepared to entertain any Text that makes for their commodity, whether by acquiring advantage, or sparing expenses.  
Now for your secondary doubt concerning the disposal of your son, give me leave, Sir, to give you my sense fully and freely in the case.  
1. I see by you and him (which I am sorry to observe, yet I fear it is like to prove too true in all ages) that if there be not sufficient and certain means allotted to the labourers in the Lord's harvest, he is like to have but a few workmen to undertake it, and go through with it; therefore those that Julian-like, take away the hire of spiritual labourers, make way, as much as in them lieth, for the marring of the harvest; for either there will be a want of workmen, or of such sufficiency in them as may make the work to prosper in their hands: hence is the miserable condition of the Greek Church, living (if not languishing) under the dominion of the Turks, where their Clergy as they are the meanest sort of men, (like jeroboams Priests, who though they were to serve in the house of high places, were the lowest of the people, 1 Kings 12. 31.) so are they as despicable for their ignorance and mean qualifications every way as for their poverty, 
G. Sandys his Travails l. 1. p. 77.  having no schools of learning among them, and therefore more like either to poison or famish the souls committed to their charge, then to feed and nourish them with a competent measure of the sincere milk of the Word, that they may grow thereby.  
2. But I fear no such failing of maintenance for Ministers among us, as may occasion such a discouragement to parents that they should not be willing to dispose of their children in that 
Vincent. Charter. de Imag. Deor.  calling, for fear they should serve Christ upon such poor terms as the Priests of Isis did that heathen goddess, who were not allowed a new suit until the old was worn to rags.  
3. Yet if that were true which you read in the weekly pamphlets, or which you had by report, of the likelihood of putting down Tithes by the Parliament, I must tell you plainly as your friend, I like not your wavering touching the disposal of your son; for if he be furnished with personal abilities for the service of the Sanctuary, if he be (as I hope he is) a man of holy life and conversation, if he find himself inwardly moved by the holy Ghost to enter into that holy function, it will be a greater sacrilege in you then robbing of the Church of so much Tithe as would maintain him, to divert him from the service of Christ, and salvation of souls, through distrust of the divine providence for his support. And therefore,  
4. If I conceived you to be so carnal a father (but I dare not think you are such a one) I should turn my speech from you to your son, had I opportunity to speak with him, and exhort 
Licet in limine pater ja●eat, per calcatum perge patrem siccis oculis ad vexillum crucis evola. Hieron. ad Heliodor. Tom. 1. p. 2. Genus pietatis est in hac re crudelem esse. Ibid.  him not only to serve Christ, but to suffer for him, in the words of Hierom to Heliodorus, rather to tread upon you, if you should lie as a block in his way, then to make a stop, or to retire from following after Christ, though in zeal and haste he should overtake the Cross; for in such a case it is a kind of piety (saith he) to show cruelty towards our chiefest friends.  
Thus, as my little leisure would allow me, I have endeavoured to satisfy your desire in resolving your doubt, and I hope that I have written will reach a little further than you thought of, even to the settling of your resolution to dedicate your son to the service of our Saviour; and to serve him upon such terms whatsoever they be, as the Divine providence in the condition of the times shall put upon him, and so you have my advice, and you shall have my prayers for you and yours.   
FINIS.   

AN APOLOGY OF THE TREATISE De non temerandis Ecclesiis. AGAINST A TREATISE BY an unknown Author, written against it in some particulars. By Sir Henry Spelman, Knight. ALSO HIS EPISTLE TO Richard Carew Esquire, of Anthony in Cornwall concerning Tithes.  
LONDON, Printed by J. L. for Philemon Stephens, and are to be sold at his shop in Paul's Churchyard, at the sign of the gilded Lion. 1646.   

TO THE READER.  
THe first Treatise, de non temerandis ecclesijs, being published above thirty years ago, there wanted not the approbation of the best and most religious men in behalf thereof: neither also wanted there one of a contrary humour, to oppose something: which though it be in such weak manner, as deserved not any just answer from so eminent a person, yet it pleased the learned knight, out of his care to instruct him and others, to show the weakness of his reasons: and that not only in this apology, but also in a more serious work, his learned Glossary, so much commended, and desired to be finished, by great Princes and chief men, both at home and in foreign parts. The passage shall be here inserted for a more full testimony of the Author's judgement, and of the weakness of the adversaries reasons.  

Excerptum ê Glossario Domini Spelmanni pag. 238. in voce Ecclesia.  
ECclesia] pro templo, seu domo, qua fideles conveniunt, ritus divinos celebraturi. Lippis & tonsoribus 〈◊〉; adducor tamen ut asseram, quod sciolus quidam libellum nostrum De non temerandis Ecclesijs, pro Marte suo impetens, graviter mihi imponit, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ecclesijs dixisse hac significatione▪ nec patitur vir bonus ut easdem, aedes appellarem sacras: ludibrio enim habet ejusmodi epitheton, locis vel aedibus attributum. Carpsisset aequiùs, si ignotis ei vocabulis, Basilicis, Dominicis, Titulis, Curiacis, Martyrijs vel similibus usus fuissem. Sed doctrinam hominis & farinam videris.  
Occurrit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apud Graecos veteres, ut Curia, & Senatus apud Romanos, non solùm pro caetu & congregatione, sed etiam pro loco in quem convenitur, ut ipsa lexica testantur. Lucianus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, i. e. ubi ecclesiam (scil. Curiam in qua consultant) undique stravero. perhibetur & Apostolus, secundum plures interprete, antiquos, medios, recentiores, hoc sensu dixisse. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Ecclesiam 
1 Cor. 11. 22.  Dei contemnitis. Liquide Synodus Laodicena, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i e. in sanctissima ecclesia sanctissimae martyris ●uphemiae. Tertull. lib. de fuga in persecut. sec. 3. Conveniunt in ecclesiam: confugiunt in ecclesiam. Augustin. epist. 109. Quando ergo simul estis in ecclesia, & ubicunque viri sunt, invicem & pudicitiam custodite. Hieronymus in Esaiam cap. 60. Videmus Caesares,— aedificare ecclesias expensis publicis. & epist. 8. Alij aedificent ecclesias, vestient parietes marmorum crustis, columnarum moles advehant, earumque deaurent capita, etc. fastidit in re tam nota olei tantum perdere; clarum est Ecclesiam idem esse christianis, quod Synagogam Judaeis; & Augustinum habes in eandem sententiam in Psalm. 82. unde & priscus quidam.  
Nobis ecclesia datur, Hebraeis Synagoga.  
Plura si cupias, numerosa habeas exempla in Burchardi De●retorum. lib. 3. qui de ecclesijs, inscribitur.   
Besides also not to conceal the doubts and apprehensions of wiser and more learned men upon the argument, there was also a gentleman of eminent quality and learning, Mr. Richard Carew of Anthony in Cornwall who was not satisfied in all points, with this treatise of Sir Henry, whereupon he wrote his doubts in some particulars unto him; submitting much to his judgement. Unto whom for satisfaction, Sir Henry wrote a very pious epistle which shall here follow after the apology for satisfaction to the better sort, who sometime stumble out of private interest, or passion, as well as inferior men. Hoping that such will be easily corrected in their opinion as Mr. Carew was, being a Gentleman ennobled no less in regard of his parentage and descent, then for his virtue and learning, as Cambden testifieth of him in his Britannia. 
* In Cornwall.    

THE APOLOGY.  
This Apology cleareth some passages, as, 

1. Touching the word Ecclesia, which signifies either a material Church, or the Congregation of the people assembled.  
2. An explication of the text of Esa. 56. 7. My house shall be called the house of prayer.  
3. The place of the Apostle, 1 Cor. 11. 12. Despise ye the Church of God?  
4. The exposition of the 83. Psalm. against such as destroy Churches, and the maintenance of them, and the Ministers.  
5. The number o● Churches spoil● amon● us.    
COming to my worthy friend Sir Ralph Hare, and lying a while idle there, I thought that idle time fittest for some idle work, and disposed myself therefore to give some answer to such passages of this Treatise, as the Author at his pleasure hath very idly if not maliciously taxed me in. But being far from my books, and having not so much as that Treatise of his by me, or any note out of it, I shall no doubt forget, mistake, omit, and misplace many things. Wherein (good Reader) I must entreat thy patience and favour.  
It being brought unto me, I ran over divers leaves thereof, wherein I met multa verba, nulla verbera; but judging therefore the Author by his work, I thought neither of them worth the answering: himself, as it seemeth, some rude Naball delighting in contentions and uncivil speech: wherein I will not contend with him, only I will consider of his reasons, though indeed they are such as will show him to be a weak adversary Qui strepit magis quam sauciat. And therefore though I sit safe out of his dint, yet will I let the reader see, how vainly he bestoweth his shot, and how far from the mark.  
As for the parts of my book wherein I labour as he saith, to prove tithes to be due ●ure divino, and his answers thereto, my purpose is not here to meddle with them, for that they require a more spacious discourse then either that volume admitted, or I now mean to enter into, it being not a private question, between him and me, but long controverted by greater clerks) and left to this day as questionem vexatam non judicatam. The truth is, the course of my argument lead me upon it, and I therefore produced some arguments tending to the maintenance thereof, but referring the point unto a greater work, and forbearing to declare myself therein, without ample and more laborious examination of so great a controversy: leaving therefore that as a general cause, whereof he may perhaps have more another time, I will here wage myself against him only in those things, wherein he chargeth me particularly in my own person; and passing over amongst them such snatches of his, as scarcely ruffle the hair, I will only meddle with those parts, where he thinketh he biteth deepest.  
First, he quarrelleth with me about the title of my book, in that I use the word Ecclesia for a material Church, or (as in contempt he termeth it) a 
* Steeplehouse.  stone-house: affirming in his learning, that it signifieth only the congregation: which assertion if he could make good, would give him a great hand in the cause, for that much of his argument following lieth very heavily upon this pin. Surely if I guess right some Dictionary hath deceived him, for perhaps his reading reacheth not so far, as to resolve him herein: but if two thousand authorities be sufficient to defend me withal, I speak it without hyperbole, I assure myself I could produce them. Who knoweth not how ordinary a thing it is, to have one word signify both the persons, and the place: as Civitas, the citizens, or town; Collegium▪ the society or house; Senatus, the Senators, or Senate house; Synagoga, the assembly, or place of assembly. I am sure he will confess, that where it is said, He loveth our nation and hath built us a synagogue: It is not there meant of the persons, he built them a congregation, but of the place. A Synagogue, and Ecclesia, signify both one and the same thing, the congregation, or place of congregation; in which sense we Christians notwithstanding use only the word Ecclesia, for our congregations, and houses of prayer, for that the Jews had taken up the other word, for their ● ratories', according to an old verse:  Nobis Ecclesia datur, Hebraeis Synagoga. 
And in this manner was the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 used amongst the Greeks before the Christians borrowed it from them, as it appeareth by some of your Lexicons, where it is said, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Caetus, concilium, congregatio, etc. ponitur etiam pro loco ipso in quem convenitur. Lucianus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i e. Ubi curiam (in qua consultant) undique stravero. And that the Church hath ever since used it in the same sort shall by and by appear, when we come to insist more particularly upon this point. fain would I know what himself would call one of our stone-Churches, in Latin. Templum, savours of Judaisme; and if I should have used a word of the ancient Fathers, and said, De non temerandis Basilicis, Curiacis, or Dominicis, it may be I should have driven him to his Dictionary, and yet left him puzzled. I thought fanum too profane a word, but he perhaps would think it so much the fitter; for a Church, and a playhouse seem a like to him.  
Another of his quarrels is that I apply the place of Isaiah the Prophet, cap. 56. 7. My house shall be called an house of prayer, locally to places of prayer, whereas he saith, it was spoken figuratively of the congregation of the faithful. I exclude not that sense, but I assure myself our Saviour Christ, when he whipped the sellers out of the Temple, not out of the congregation, applied this Scripture to the very place of prayer: and it is questionless that the old and late classicke writers so expound it.  
Some quotations here were intended out of ancient and modern Authors, which though I could easily supply, yet being loath to add any thing to the original copy, I leave it to the learned reader to consult the Commentators, which is easily done.  
Again it much offends him, that I interpret the words of Saint Paul 1 Cor. 11. 12. Despise ye the Church of God? as spoken of the material place, which after his manner he will also have to be only understood of the Congregation; and had the word ecclesia no other signification, then doubtless he had obtained the cause. But observe I pray, what I have formerly said touching that point, and then take into your consideration, the words of the Apostle as they lie in that chapter. First in the 18. verse he saith, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Quando convenisti in ecclesia. For these be the very words, and how we shall English them is the question. Whether when ye come together in the Congregation, that is, in the assembly; or when ye come together in the Church, that is, in the place of the assembly. I confess the words indefinitely spoken may bear either interpretation, and I condemn neither of them in this place. Yet let us see which is more probable, or at least whether my trespass deserves his reprehension. The Apostle continuing his speech upon the same subject, in the 20. vers. goeth on thus: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: as if he should say, convenientibus igitur vobis in eodem; leaving 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in eodem, spoken neutrally, and as it were, to be applied either to the assembly, or the place; which to put it out of doubt, Beza, and our English Geneva translation do add the word, locus, a place, in a different letter, to declare the meaning of the Apostle and read it accordingly: When you come together therefore into one place. So that now it is determined how the word Ecclesia, or Church, in the 18. vers. before going is to be expounded: and then join the words subsequent unto it, wherein the Apostle complaineth of the abusing that thing, which before he spoke of, and in reprehension of the abuse committed therein by eating and drinking; he saith vers. 22. Have ye not houses to eat, and to drink in? or, despise ye the Church of God? Where the very antithesis of houses, to eat and drink in, with the Church of God do still pursue the precedent interpretation of Ecclesia for the place of assembly: as if distinguishing between places and not persons, he should have said, Your houses are the places to eat and drink in, but the Church is the place of prayer: otherwise he might perhaps have said, Have ye not other meetings to eat and drink at, but despise ye this holy meeting? And I think it not without special providence, that the Translators therefore did translate here, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉? an ecclesiam Dei contemniti? Despise ye the Church of God? not despise ye the Congregation of God? for the word Chyrche, coming of the Germane word Kirken, and that of the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which signifieth Dominicum, or the Lord's House, & was in ancient times, as Eusebiu● and Nicephorus witness, the common name of material Churches, doth to this day properly signify the same: and we do never use it for a particular congregation, but either generally for the body or society of the faithful through a whole kingdom, or common wealth; or particularly for the very place of prayer only.  
This foundation being now laid upon the words of the Apostle himself, let us see how it hath been since understood by the Fathers, and Doctors of the Church, as well ancient as modern. Hieroms opinion appeareth already in my book, and Chrysostom's you shall hear anon. But this man despiseth the first, and therefore I am sure he will account as lightly of the second. A Senate of Fathers moves him not an hair: a right monothelite, he opposeth his own only will against them all. Yet to satisfy some others, whose ears perhaps may be better in tune, I will cite one who for humbleness of spirit, integrity of life, and admirable learning for the time he lived in, hath ever since been venerable throughout the world; and no foreigner but our Countryman Bede, who upon these words Numquid domos non habetis?— an Ecclesiam Dei contemnitis?  
Ecclesia (saith he) homines sunt de quibus dicitur ut exhiberet sibi gloriosam ecclesiam, hoc tamen vocari etiam ipsam domum orationum, idem Apostolus testis est, ubi ait, numquid domos non habetis ad manducandum & bibendum? an ecclesiam Dei contemnitis? & hoc quotidianus usus loquendi obtinuit, ut in ecclesiam prodire, ad ecclesiam confugere, non dicatur nisi qui ad locum ipsum, parietesque prodierit, vel confugerit, quibus ecclesiae congregatio continetur. But he will say that all this old wine savours of the cask, therefore we will spend no more time in broaching of it. Taste of the new. Peter Martyr upon the place. Quando convenitis] potest (saith he) hoc referri ad locum qui unus omnes continebat, ita ut notetur corporalis conjunctio, etc. and then, a ecclesiam Dei contemnitis? potest accipi Ecclesia (saith he) pro caetu sacro, vel pro loco quo fideles conveniunt, etc. Si vero de loco intellexeris (ut Chrysostomus videtur sentire) docemur contaminari locum ex abusu. Vnde Augustinus dicebat, In Oratorio nemo aliquid agat nisi ad quod factum est, unde & nomen recepit; ad alia munera obeunda plateas & domus habemus. And complaining of abusing of Churches he goeth on: At nunc templa deambulationibus, fabulis & omnibus negotiis prophanis toto die patent C. hristus flagello parato ex funiculis, ejectis ementibus, & vendentibus, templum Dei repurgavit: and goeth still on in this manner much further. Marlorat also a common and good friend to our Preachers being well pleased with this exposition and invective of Peter Martyr, translateth it verbatim into his own Commentary upon this place; and thereby delivereth it also to the world as his own opinion.  
But come we now to that part of my book which puts him most out of patience above all the rest, my application of the 83. Psalm to such as destroy Churches, and bereave them of their maintenance. This he saith, fitteth my matter as an Elephant's skin doth a gnat, yea it hath no cohaerency therewith either figuratively, allegorical, or anagogical. To retort his scoff I might say, it seemeth, an Elephant of absurdity to the Gnat of his learning: but I desire rather to satisfy him (Si malitia non mutaverit intellectum) then to disgrace him.  
It cannot be denied if there be a correspondency between the body of our Church and Common wealth, with the body of the Church and Common wealth of the Jews, the same must also hold proportionably amongst the members thereof, and in consequence that the passages of state, of government, of peace, war, liberty, oppression, prosperity, adversity, and other occurrents either active or passive, must hold some aspect and analogy, one unto the other. And then also that whatsoever is denounced against the enemies of the one, trencheth comparatively against the enemies of the other. Come then unto the matter. The prophet inveigheth against them that seek to spoil, oppress, or disturb the Church of God seated in India; be it openly by war, or secretly by some stratagem of wit: Doth not this thwart them also that attempt the like in our Church? Yes, saith he, against them of the King of Spain's Armado in 88 and those of the Powder Treason, wherein the universal desolation both of the King and Kingdom, Church and Commonwealth were not only projected, but attempted by our enemies.  
But show me, will he say, what hath the appropriating of a pelting Parsonage, or the pulling down of a stone-house, which you call a Church, is unto this? for the one is an Elephant, the other but a Gnatt.  
I answer. Eadem est ratio partium quae est totius. And out of this reason and analogy our Saviour Christ argueth him that casteth but a lascivious look to be guilty of the great Commandment, non maechaberis, as well as him that committed the very heinous act itself: and then also that whatsoever the Prophet denounceth against them that spoil the Church in general, the same descends upon every particular man, that spoileth the same in any particular part: as, Omne genus praedicatur de omnibus & singulis suis speciebus etiam infimis & individuis.  
Now that the taking up of these parsonages and defacing of places of public prayer is a spoil of the Church of God, appeareth in this, that the means and maintenance of the service of God, and of his ministers is thereby diminished, and destroyed, which subtraction of maintenance from the minister, God in Malachi 3. 8. declareth to be a spoiling of himself, for that his service is thereby hindered, and his Church impaired. And although this man affirmeth, that although there were never a stone-Church or minister in the kingdom, yet the Church, and service of God might stand well enough, for that every man's family is a Church, and every master thereoftyed to instruct his servants, every father his children: yet by example of the Church in the time of the Apostles, we ought to have places of public prayer, and some to instruct these masters and fathers; for the husbandman, the artisan, the day-labourer, are not commanded to neglect their vocation and turn preachers, as too many now adays do. And though perhaps some such good men out of their devotion would preach now and then to instruct their brethren, yet who shall do it ordinarily, and where shall the Assembly be entertained; for every town hath not a Guild-hall, a Sessions-house, a Cockpit, or a Playhouse fit for such a multitude. And though they may, as he saith, serve God abroad with Paul; in a dungeon with jeremy, or on a muckhill with job, yet heat or cold, wet or wind will hinder them at one time or other: so that doubtless it were very necessary to have a man, and a place publicly appointed for the service of God in every Congregation. And then since this man cannot perform his office without maintenance, and such a place as we speak of, the taking of them away puts him from doing his duty, deprives his parishioners of their instruction, and then by consequence spoils the Church of God; and so the curse of the Psalm lieth justly against them.  
But let us now take a view of the gnat he speaketh of, and which he contemneth so much in respect of the smallness thereof. Had there been but three or four of these livings taken from the Church, his fancy might have had the more colour, to use such fond applications: but if it cometh to three or four hundred, it groweth now beyond the size of a Gnat, what shall we then say of 3845. livings, or appropriate Parsonages, 
☞  thus taken from the Church, which is more by 1126. then the half of all those that remain, and within 897. as many as them all: for the Churches not appropriate are but 5439. through all England and Wales. So that the parishes of the Churches appropriate contain near about the one half of the kingdom, which is more, if Hierome in his Epistle to Dardanus (as I take it) deceive 
Dordanus.  me not, then twice so much as all the land of judea, though we reckon the kingdom of Israel into it, but many times more than the kingdom of judea, which contained but the two tribes only that stuck to God; and of whose times this Psalm seemeth to be a prophecy. And thus ye see both the gnat and the Elephant that he speaketh of, though I mean not to propose them to you by way of comparison, but discover his intemperance or want of judgement.  
But to support his credit with a broken prop, it may be he will say, that upon the appropriating these Churches and transferring of them to the King, there was a provision left in most of the parishes for a Vicar, or Curate to do divine service there, and that nothing was taken from them but superfluity: so to keep them in diet, and bridle their immoderate luxury, which he proclaimeth to be so exorbitant as scarcely all England, and Virginia to boot, can satisfy. Lord bless us! is it possible that our Churchmen should become so monstrous? or hath Shimei thus railed against the body of them without his peril? I hope much better of their temperance, then of his tongue: But I leave them to make their own Apology, for I have digressed beyond my purpose, and therefore will spend no time in discoursing upon the provision made for Vicars and Curates in these Churches appropriate. He seemeth to be of Micahs mind, that ten shekels, or a matter of four nobles a year, besides diet and a suit of apparel is a fair maintenance for one of our Ministers. In which point I have elsewhere declared myself at large, and will not therefore here insist upon it; only this I would know of him, what surplusage, or superfluity there could be to give unto the King, or take from the Church, when besides the maintenance of the Ministers, much was to be disposed by them in relieving the poor, and other pious uses.   

Henricus Spelmannus Richardo suo Careo viro praestanti Sal. P. D.  
MAnsuctudinis tuae prorsus est (vir Eximie) ut hominem me pa●ui, & ignotum, tanta benevolentia amplecterere. Quanquam enim secundum honorum vocabula quae fastus mundanus jam obtinuit, Equestris dignitas major sit Armigera; in multis tamen Spelmannlis minor est Careo. Nec me certe pudet hoc liberiùs profiteri, Cum magnus ipse sic edocuit Augustinus; & Episcopus licet▪ presbytero cessit Hieronymo. Placent equidem & literae tuae, & tua omnia; placent seria, placent joci, in nomine verò meo quae egregia benignitate lusisti non possum in tuo (multò illustriori) retribuere. Palmam igitur cedo, & quod Graecis olim, in Caria sua gente admirati sunt, nos in Carea nostra gente agnoscimus: ingenium splendidum, bellarumque intentionum faecundissimum. Deus bone! quantum in nomine, & ominis & numinis? Cariae gentes (inquit Herodotus in clione) omnium quae illis temporibus claruerunt ingeniosissimae erant. An fatale hoc Careo nomini? etiam in alio orbe, & post tot saeeula? quin & seni? non equidem invideo, miror magis: sed quem laudas authorem? an non Deus hanc tibi prae caeteris copiam fecit? nec sola haec sed concomitantia inulta elargitus est. Quid ergo respondit Simon, (Luc. 7. 43.) interroganti domino, Quis plus diliget, nonne is, inquit, cui plus do●avit? recte. Nosti quae volo. Si divina clementia tantas tibi indulserit benignitates? perpende sedulo, quantis tu amoris, muneris & obsequii vinculis tenearis. Bona haec omnia in te congessit bonus hic dominus, animi, corporis, fortunae: tunc in ipsius familiam hostis accingeris? quin & ab ecclesia sua praedam referes?  
O utinam fortis in re meliore fuisses.  
Sed in hoste probitatem agnosco; video enim vacillantem te quasi, & de militia ista dubie cogitantem. laudo. At sanum illud consilium amplectere, quod omnium judicio probatissimum habetur, è dubiis certius tene, nec periculis caput objicias: hoc est, omnino te non immisceas rebus sacris & deo dicatis, hoc porro tutissimum. Vides rem non leviter litigatam à doctissimis: Vides patres, Concilia, omnemque Theologorum scholam, graviter hos insectari, qui in res ecclesiae utcunque involaverunt. Esto quod de decimis dissentiant, an sint de jure divino? in isto tamen non consentire solùm, sed & conjurasse plane omnes videatur, Deo dicata surripi non posse in exitium ecclesiae. Quid autem est ecclesiam excindere si hoc non sit? panem tollere ministrorum, quin & sine noxa? At Ecclesiam (aies) in hoc connivisse; Episcopos conspirasse; parliamentaria ipsa comitia Herculano nodo rem conclusisse, & sanxisse? Sanxisse dicam? imo Deum testor quaenam sit sanctitas in ista sanctione. Sed de re summa, summa cum humilitate. Nosti quam lenis sit ecclesia, tunicam subtracturo, pallium etiam dimisit. Mat. 5. Num auferre igitur haec liceat innocenti? dicant Corvi.  
In eo autem cum salutis spem omnem sacramque ipsam posuisti anchoram; id tandem revolvas animo, quinam hi essent Episcopi, & quoti? Valerentne suis suffragiis procerum laicorum multitudini (qui spe haec omnia devoraverant) repugnasse? Taceo technas, dolum, insidias, quae in tranfigendo negotio forte non defuerant. Sed esto ecclesiam laeta fronte haec omnia concessisse; Certe eatenus cum Baronio (Ascanio Cardinali respondente) in sententiam ivero, Ecclesiam nihil posse in se statuere, hoc est, in suam perniciem. Idem enim est & se abnuere, & ministros suos non alere. Nam in primis catalysis illius legibus, nihil statutum est de ministrorum alimonio: mel abripitur, sed nec loculi relinquuntur, nec alveus. Etiam ejiciuntur tam apes, quam faci, nulla omnino habita examinis ratione. Hoc justum dixeris? Concilio certe tum lapsum est, quod in caeteras itemque regni ecclesias non grassatum sit. Quid enim emeruit ecclesia Petri, ut suis juribus potius privaretur quam Pauli? Quid ecclesia unius populi magis quam aletrius? à neutris enim peccatum est. Ecce aenigmatis solutionem. Viatorem duplicem furibus eripuimus; liberum hunc adhuc, sed illum vinctum: de utroque statuimus (misericordes) ut invenimus. Emancipatur liber, perpetuo carceri addictus est vinctus. Siccine nos edocuit (Luc. 10.) Samaritanus? Sic fidem nostram apud Deum tuemur?  
Jurarunt sane hi omnes, jurarunt, inquam, nostri majores, Reges, proceres, parliamentariae ipsae celebritates, hoc est, Regnum integrum, omnisque populus, non suo solum sed & nostro, & nepotum nostrorum nomine, interpositis etiam horrendis execrationibus nulla se unquam temporum aeternitate, haec ecclesiae surrepturos. Quis obsecro nos liberos faciet ab his vinculis? Quis audax orator causam hanc apud Deum aget? An flocci pendeas? Cave ne fidem, quam apud me splendidam habes illico labefactes. Si beati Rechabitae, qui nuda ipsa patris sui mandata observaverunt, An non maledicti nos, qui non singularis unius, non privati cujusdam parentis mandata contemnimus? Sed quos dixi horum omnium fides, sanctiones, vota, juramenta, pertinaci quasi improbitate perfringimus, violamus, mandataque nepotibus anathemata, in fingulorum capita tanquam ex desiderio pertrahimus, cum refractariis Judaeis dicentes, Super nos sint, & natos nostros.  
Vereor insanos nos (uti Judaeos) non discernere quae ex his nobis proveniunt calamitates. Deum enim putemus nec mortalium curare vota, sed nec perfidiam: Quid si lex una repentina, ter dena concilia, Senatus-consulta totidem, omnium patrum decreta, una explosione disruperit? adeone in ea sic inhaerendum est ut ne in judicium, ne in examen vocetur? non cogitabo equidem quod in Tridentinum Concilium solus ausus est & satis faeliciter Chemnitius. Sed iniquas leges peccanti saepe populo irrepere novum non est; etiam in poenam alias à Domino immissas esse, ut scriptum est, Dabo iis leges quae non sunt bonae. Mihi autem videtur, cum de abolendis monasteriis cogitaret Senatus ille consultus (Anno 27. Henrici octavi) nihil etiam tunc in animo habuisse de tollendis parochialium decimis praedijsve: sed de his tantum egisse quae ipsis caenobiis inherebant: vel si quis id in cornu haberet faeni, latuisse hoc opinor sanctos patres qui concilio aderant: in illo enim Actu ne verbum quidem de parochianis decimis nec de ecclesiis, praediisve parochialibus. Sed nec de ipsis (quas vocant) appropriatis. Cum verò in vulgus jam exiisset Actus ille parliamentarius, caeperintque omnia demoliri, & vi eripi, è jurisconsultorum prodiit interpretatione, ut praeda haec etiam in casses regios redigeretur. Partita ergo ea demum inter regni nobiles, necessariò tandem habitum est, ut subalternis legibus corroboraretur.  
Sed quò me rapiet fili hujus deductio? disrumpendum certe est, ne ulterius trahar in labyrinthum. Putarem incaepturus silentii veniam (verbo uno aut altero) à te exporasse; quod in rus vocatum, itineris me cura jam sollicitat; Quandoquidem vero neque brevis est (dum redeam) via, sed nec tempus; haec interea nobis excussit amor erga te noster fusiùs multo quam cogitarem. Academici autem nitoris nihil in nostris paginis disquiras, oportet. Commune enim illud (quod scribis) mihi tecum est. Cantabrigia (miserum me) mater exuit cum 17. aestates non salutaveram, trajectoque celerrime Lincolniensi hospitio, in patrium solum adolescens revocor. Gravibus hinc inde implicitus negotiis privatis, (nec à publicis liber) ter rapior in Hiberniam. Quod reliquum fuit vitae spatium, domi satis aerumnose exegi, denuò otii desiderio captus Londinum tertio hinc anno veni: pace vero mihi videbar exoptatissimâ fruiturus, qua Musarum limina ex voto delibarem. Sed En! nova in me rerum tempestas, nova litium moles, inopinatè proruit; qua luctantem adhuc varieque agitatum, nescio quousque detinuerit. Poetae autem illud teneo,— dabit Deus his quoque finem. Habes vitae nostrae compendium; & (quam vides) magnam amoris effusionem donec aliis tuis (per literas) quaesitis respondero. Sancte & faeliciter vale.  
Londini, 18. Septemb. 1615.   

A Treatise concerning Impropriations of benefices, Cum privilegio regali.  
THE PREFACE.  
To the King our most gracious Sovereign Lord, Francis Bigod Knight, his humble and true faithful subject, and daily Orator, wisheth daily augmentation and increase of grace and honour.  
I Did not perfectly know (most gracious, most christian, and most victorious Prince) how that among all other virtues, that the virtuous gifts given by grace only, through the goodness of Almighty God, of the incomparable gift of gentleness and humanity, did so abundantly, accumulately, and so manifestly possess and reign in your noble and princely hart, till that now it appeareth manifestly by your exterior noble acts and deeds; for else undoubtedly I would not only have been ashamed so to attempt rudely, foolishly, and rather presumptuously to trouble and disquiet such an imperial majesty, with this my rude and barbarous writing, in the hindrance of your godly and spiritual studies, with which your highness taketh such intolerable pain: as well to set forth the mere sincere and new glory of God, as also the establishment, quietness, and unity of this your christian Comen wealth. But also in my own conceit and opinion calling to remembrance my great and manifold insufficiency in learning, to write unto so mighty and famous a Prince I should even by and by have disallowed mine own behaviour in that behalf, and judged myself worthy of blame. but now considering most benign Sovereign Lord, how much all your subjects be imperpetually bound to laud, praise, and glorify almighty god, to send unto us so christian a king to have rule and governance over us your subjects, by whose great and inestimable diligent labour, charge, study and pain, we be delivered from the hard, sharp, and X. M. times more than judicyall captivity of that babylonical man of Rome to the sweet and soft service, yea rather liberty of the gospel. I can for my part no less do, then to present to your grace something thereby to declare how gladly I would give thanks to your highness, for such proofs, as I among others have received by this said benefit in our deliverance which act is of itself so highly to the great peace, unyte and wealth of this most noble Empire of England, that if there were none other cause but that only we were bound to and with all our diligence and industry to study, labour and devise how this benefit exceeding all other, might world without end be extolled, praised, and made immortal, and to receipt how much the furtherance of god's glory is by the same act set forth and advanced, my learning ne yet wit will not serve me. Yet I dare boldly affirm, pondering and considering deeply the effect and circumstance of this matter, This act is no less worth than well worthy to be set in the book of Kings of the old testament, as a thing sounding to gods honour, as much as any other history therein contained. but what should I attempt or go about to express the condign and everlasting praises and thanks, which your majesty hath deserved of all your hole Cominalt for the benefits before named, unless I would take in hand like an evil workman which by reason of his unperfectnes in his science should utterly stain and deface the thing he would most earnestly and diligently show and set forth. I will therefore most excellent Emperor of this realm, set all this aside, and show to your grace the cause of my enterprise, for so much as I perceive that all your gracious proceedings are only driven and conveyed to the most high, just, and sincere honour of Almighty God▪ the public wealth, and unity of all Christendom, most especially of this your most noble Realm of England, it hath animated and encouraged me according to the small talon of learning that the Lord hath lent to me to put your grace in remembrance of the intolerable pestilence of Impropriations of benefices to religious persons, (as they will be called) some to men, and some to women, which in mine opinion is a thing plainly repugnant to the most holy and blessed decrees and ordinances of Almighty God, and highly to the extolling, supporting, and maintenance of the usurped power of the Bishop of Rome, as your Majesty shall perceive in reading of this little treatise, which your grace not being offended, I shall ever, God willing, be able justly to defend, and also stop the mouths of them, that shall say and abide by the contrary, and that not with mine own words, but with authorities of holy Scripture. And further I do most humbly upon both my knees beseech your Imperial Majesty, that unto such time, as this my little book be clearly confuted by like holy Scripture and authorities, as I have approved the same, that it may safely go abroad under protection of your gracious and redoubted name.  
And for the prosperous preservation of your most royal estate, of your most noble and virtuous Queen, of your dear daughter Lady Princess, daughter and heir to you both, (according to my most bound duty) I shall daily pray, my life enduring.  
Sir Francis Bigott Knight of Yorkshire wrote this 
Note.  Treatise: whereof this Preface I received from Sir Henry Spelman, but the rest of the book, I could never yet find, though it be mentioned by several Authors, Bale, Hollinshead, and lately by Sir Richard Baker in his history. It seems to have been written after the King's breach with the Pope, his marriage with Anne Bolen, and the birth of Queen Elizabeth: as I conjecture by circumstances. His purpose was chiefly bend against the Monasteries who had unjustly gotten so many Parsonages into their possessions. It is much desired that if any man have the rest of the book, that he would please to communicate the copy, that hereafter, as occasion serves, it may be published completely, together with some other things of this argument, that the learned Knight hath committed to my charge: but by reason of the present troubles I cannot now attend to prepare them for the Press. As for Sir Francis Bigott himself, he was found afterwards active in the troubles of Yorkshire, that happened in 28. H. 8. and being apprehended among others, was put to death, 29. H. 8. as our common Chronicles do report.  
Baleus saith of him. Franciscus Bigott ex Eboracensi patria auratus eques, homo natalium splendore nobilis, ac doctus, & evangelicae veritatis amator, Scripsit contra clerum.— De Impropriaribus. lib. 1. Quosdam item latinos libros anglicanos reddidit, inter seditiosos tandem, anno Domini 1537, invito tamen eo, repertus, eadem cum illis indigna morte periit.   

To the right Reverend Fathers and Brethren, the Bishops and Ministers of Scotland.  
I Have caused this little Treatise (right reverend and beloved in the Lord Jesus) to be printed again in North-Britaine, for many causes: first, because I was informed, that there came forth, but a few copies at the first printing thereof in South-Britaine: Again, I hope this doing will incite that worthy Knight, the Author thereof, quicklier to send out the greater work, which he promiseth of that same argument; but principally to incite you, whom these matters most nearly do concern, to look into them more advisedly, then as yet ye have done: it was a private occasion, as that worshipful Gentleman showeth, that led him to this writing: You have a public, whereof it is pity you are so little moved: who seeth not the state of the Church of Scotland as concerning the patrimony to go daily from worse to worse? Sacrilege and Simony have so prevailed that it beginneth to be doubted of many, whether there be any such sins, forbidden by God, and condemned in his Word? Neither can you deny the cause of this evil, for the most part to have flowed from yourselves: your selling and making away of the Church rights without any conscience, the buying and bartering of benefices, with your shameless and slavish courting of corrupt patroness, hath made the world think, that things Ecclesiastical are of the nature of Temporal things, which may be done away at your pleasures: and where at the first it was mere worldliness that led men on those courses, now a great many to outface conscience, and delude all reproofs, they stand not to defend that Lands, Tithes, yea whatsoever belonged to the Church in former ages, may lawfully be alienated by you, and possessed by seculars: which opinion must either be taken out of the minds of men, or need you not look to have these wicked facts in this kind unreformed: to this end should all Ecclesiastical men labour to inform themselves, as well by the Word as by the writings of Ancients, and Constitutions of Counsels, touching the right and lawfulness of ecclesiastical things, that when they are persuaded themselves of the truth, they may the more effectualy teach others. There is no impiety against which it is more requisite you set yourselves in this time: for besides the abounding of this sin and the judgement of God upon the land for the same, who doth not foresee, in the continuance of this course the assured ruin and decay of true Religion?  
Of all persecutions intended against the Church the Julian was ever held to be the most dangerous: for occidere presbyteros, is nothing so hurtful, as occidere presbyterium. When men are taken away, there is yet hope, that others will be raised up in their places: but if the means of maintenance be taken away, there followeth the decay of the profession itself: Men do not apply themselves commonly to Callings, for which no rewards are appointed; and say that some have done it in our days, some out of zeal, and some out of heat of contention, yet in aftertimes it is not like to continue so; neither let any man tell me, that a Minister should have other ends proposed to him, then worldly maintenance. I know that to be truth, yet as our Lord in the Gospel, hoc etiam oportet facere, Et illud non omittere. Speaking of payment of tithes to the Pharisees: It behoveth them, saith he, to be paid: if not, it is not to be expected, that men will follow the Calling.  
To rest upon the benevolence of the people, as it is a beggarly thing, and not belonging to the dignity of the Ministry, so the first maintainers of that conceit have found the charity of this kind so cold, that they will not any more stand by their good-wills, to this allowance. Therefore it lieth upon you to foresee the estate of your Church, and either in this point of maintenance to provide that it may be competent and assured, else look not for any thing but ignorance and baseness, and all manner of mischiefs which flow from these, to invade the whole Kingdom.  
How a competency may be provided, except by restoring the Church to her rights, I do not see; and what this right is, if I should stand to define, and justify it here, I should exceed the bounds of an Epistle. Many of this time have cleared the point sufficiently. And if any scruple be remaining, the worthy Author, I hope, will remove it in the greater work we expect: whose judgement and dexterity in handling the argument, may be perceived by this his little pinnace. It should shame us of our calling to come behind men of his place, either in knowledge, or zeal. His example who is nothing obliged, to labour in these points, as you are, shall do much, I trust, with you, for the time to come. Should any look carefuller to the Vineyard than the keepers? or should any outgo the servants of the house in diligence? Repent therefore and amend your own negligence, in this behalf, and call upon others for amendment, whilst you have time. Think it not a light sin, to spoil God's inheritance; and if we look for heaven, let us be faithful to our Lord here on earth. I beseech God to give us all wisdom, and keep us in mind of that strict account, that we must one day give for all our doings, and chiefly these which concern the Church, which is his body. Amen.  

I thought good not to omit this Epistle to the Clergy 
Note.  of Scotland, prefixed before this edition at Edinburgh, presently after the first impression here; both because it proceeded from a pious intent of the Author, who it seems was very well affected, as also because he showeth the concurrence and approbation of the best religious in that Kingdom, where sacrilegious practices have invaded that Church, more violently, since the days of reformation, and clear light of the Gospel, than ever was done in the darkest times of popery. Rolloc a grave and learned Divine of Scotland hath (besides Master Knox and others), in his Commentary upon Dan. 2. & 5. discovered his judgement against the sacrilegious practices of his time, and countrymen, reprehending them sharply, for taking to their own use and profit, all that was pulled from the Church: and doth severely cite them to answer it before the tribunal of God: which though they neglect and contemn, yet (saith he) they shall be made inexcusable thereby.  
Master Knox not long before his death, wrote to a General Assembly holden at Sterling, 6. August 1571. and his Letter is among the Records of that Assembly, out of which it is also published, with many other Records of Parliaments, and Assemblies there holden in the compass of sixty years, in a Declaration lately of the Church of Scotland.  
The mighty Spirit of Comfort, Wisdom, and Concord remain with you: Dear brethren, if ability of body would have suffered, I should not have troubled you,— etc.— but now brethren, because the daily decay of my natural strength threatens unto me certain and sudden departure from the misery of this life, of love and conscience I exhort you, yea in the fear of God, I charge and command you, that you take heed to yourselves, and to the flock over the which God hath placed you Pastors. To discourse of the behaviour of yourselves I may not, but to command you to be faithful to the flock, I dare not forget. Unfaithful traitors to the flock shall ye be before the Lord Jesus, if that with your consent, directly or indirectly ye suffer, unworthy men to be thrust into the Ministry of the Church, under what pretence that ever it be. Remember the Judge before whom ye must make an account, and resist that Tyranny, as ye would avoid hell fire. This battle I grant will be hard, but the second part will be harder, That is, with the like uprightness and strength in God, ye gain-stand the merciless devourers of the patrimony of the Church. If men will spoil, let them do it to their own peril and condemnation▪ but communicate ye not with their sins of whatsoever state they be, neither by consent, nor yet by silence, but with public protestation make this known to the world, that ye are innocent of such robberies, which will, ere it be long, provoke God's vengeance upon the committers thereof, whereof you will seek redress of God and man. God give you wisdom, strength and courage in so just a cause, and mean happy end.  
Knox. Saint Andrews. 3. August. 1571.