the name of almes is almes. But some tiths are the gift of fortune, or temporall gift vnder the name of almes. Therfore some tithes are almes. This consequent is manifest of his selfe. The Maior appeareth by the first supposition. And the Minor by the seconde.

Item, euery gift giuen by a man euen of loue, to relieue and helpe the miserable out of his misery is an almes. The 10. part of the goodes of fortune geuen by a man, simply vnder the name of almes, for Gods sake, is geuen by the same man euen of loue, to helpe the miserable out of his misery: Therefore the 10. part of the goods of fortune being geu? by any man simply vnder the name of almes for Gods sake is almes. MarginaliaS. Augustine proueth tithes to be pure almes. The consequent is manifest. The Maior appeareth by this, that euery such gift is either a spirituall or bodely almes. The Minor seemeth hereby true, for so much as many holy men haue geuen, and do geue, euen for loue to relieue the miserable out of his miserie. Neither is it to be doubted, but that such kinde of tithes are almes. For S. Augustine vppon these words of the Lord in the Gospell wryteth thus. Woe be vnto you Pharisies which do tithe minte and anise. If they cannot be cl?sed without they beleeue in him, he which doth clense his heart thorow faith, to what purpose is it, that hee sayth, geue almes, and beholde all things are cleane vnto you. Let vs geue eare, and peraduenture he doth expound it himselfe. They did take out the 10. part of all their fruites, and gaue it for almes, the which any Christian m? doth not willingly. Then they mocked him, wh? he spake these words to them, as vnto men which wold do no almes. Thys the Lord forknowing, said: Wo be vnto you Pharises which tithe mint and rue, and al kind of herbs. And passe ouer the iudgement & charity of God; for this it is to do almes, if thou dost vnderst?d it, begin with they selfe: For howe canst thou be mercifull vnto an other, which art vnmercifull vnto thy selfe. This wryteth S. Augustine, in plainly saying that tithes are almes.

MarginaliaAugust in Enchiri. Also in his Enchiridion 76. chap. vpon these wordes of Luke in the 11 chapter. Notwithstanding that which is more then sufficient, geue in almes and all things shall be cleane vnto you, hee sayth thus: when he had rebuked them that they washed th?selues outwardly, and inwardly were full of iniquity & abhomination, admonishing them, what, and howe a man ought first to bestowe almes vpon him self, and first to clense him self inwardly, he sayth. That which doth remaine, geue in almes, & beholde all things are clean vnto you. Afterward, that he might the better declare what he had geuen them warning of, & what they neglected to do, that they shuld not iudge him ignorant of their almes: he sayth, Wo be vnto you Pharisies; as though hee shoulde say, I verely gaue you warning that you shuld geue such almes, wherby al things might be cleane vnto you: but wo be vnto you which do tith mint, rue, and all kinde of herbes; for I do know these your almes, that you shuld not thinke with your selues that you had geu? me warning therof: and neglect and passe ouer the iudgement and charitie of God, by the which almes ye might be cl?sed from all you inward filthinesse. And your bodies also which you doe wash shoulde be cleane. For all these things both inward, and also outwarde, as it is sayde in an other place, cleanse that which is wythin, and the outward things shalbe also cleane.

But least that he should seme to refuse those almes which are geuen of the frutes of the earth, he sayd, you ought to haue done these things: That is to say, the iudgement and loue of God, & not to neglect the same. That is to say, the almes of the frute of the earth This wryteth S. Aug. expresly calling the tithes almes.

MarginaliaChrysostomus in 11. Luce. Also Chrysostome vpon the same wordes in the 11. of Luke, that which remaineth geue in almes, he sayth thus: wheras it was spoken of the Iewish kind of clensing, it is wholy passed. But for so much as tithes is a certaine almes, and the time was not yet expresly come to kil the sacrifices of the law, for this cause he saith, ye ought to do those things, & not to omit the other. And S. Thomas alledgeth him in his glose vppon S. Luke. And Chrysostome himselfe doth touch two poynts. First that tithes is almes. Sec?dly, that tithes are in a manner lawfull, forsomuch as the gift therof vnto the priests did not cease in the time of Christ.

Also Augustin in a certane Sermon of geuing almes, sayeth thus, what is to say: geue almes: And behold all things are cleane vnto you. Let vs geue eare, and peraduenture he doth expounde it him selfe. When he had spoken these words, without dout they thought within them selues, who did geue almes, and howe they did geue it. They tithed all that they had, and toke out the 10. part of all their frutes. And gaue it for almes: the which no Christian lightly doth so. Marke what the Iewes did, they tithed not onely their wheate, but their wine and oyle; and not that only,but also vile things. For the commandement of the Lord, as commin, rue, and anise, of the which they tooke the 10. part, and gaue it for almes. I thinke therefore, for so much as they called vnto theyr mindes and thought with them selues, that our Lord Christ spake in vaine vnto them that they did no almes, when as they knewe their owne workes, that they tithed the smallest, and worst of all their frutes, and gaue almes thereof: They mocked hym amongest them selues, because he did speake in such sort vnto them, as vnto men that did no almes. The which the Lord fore seeing, by and by added notwystanding, wo be vnto you Scribes, Pharisies & hy-pocrites, which tithe your mint, commin, and rue, and all kinde of herbes: that you may know, I do vnderstand your almes. Truely, these are your tithes. These are your almes, you tithe out the least and worst of all your frutes, and haue left the waighty matters of the lawe vndone. Here S. Augustin often expoundeth, that tithes are almes: Also he wryteth the like in his booke of homilies in his 6. homelie.

Item, for the proofe of thys article that tithes are pure almes, it is thus argued. For this proposition, tithes are pure almes is infinite, taking the trueth for many of his particularities. It is moste certaine that it is not damnable, but most catholike, that God is something, the which being false in all particulers, it is onely true for that alone which doth surmount all kinde. Ergo, by like reason this particuler is true, tenthes are pure almes: For it is thus proued. These tenthes of a good lay man being wholy distributed by a faithfull minister vnto a nedy lay man, according to a good entent, how can they be but pure almes; yea, and more pure then any almes geuen by any of the cleargie being a fornicatour. The whole Antecedent I suppose as possible, and doubtfull vnto the condemners, if it be true.

Item, it is also thus proued, these tithes, and all other goodes of fortune, are pure almes in respect of God. Forsomuch as euery man, Emperor and king, is a begger of God. As S. Augustin doth oftentimes affirme, and consequently if he doe receiue frutefully any such goodnesse at the hand of God, the same is pure almes in respect of God: neither is there any faithfull man that will deny the same, but that it simply foloweth that the same is pure almes before God, Ergo it is pure almes.

It is also thus argued, all tithes are by them selues, and euery part of them almes, neither is there any reason c?trary vnto this, that they are almes. Ergo, they are pure almes. For they are by no other meanes or reason, then almes, if they be all together themselues almes: Forsomuch as it followeth, if they be by any other meanes or otherwise then almes, then they are otherwise then some almes, and forsomuch as they themselues are some almes, it foloweth that they are otherwise then they are in dede, the which is false.

MarginaliaSustenance & clothing, geuen to the Apostles, was almes ergo also tithes. But now to passe beyond the bonds of Logicke, it is to be dema?ded, whether before the church was endowed, or that sustenance and clothing were geuen vnto the Apostles, there was any pure almes, or that they were geuen by any other meanes by b?d of det, am?gst men. And forsomuch as the reason is not to be fained, but that they were pure almes, so afterwarde the custome of the same thing according vnto like reas? doth not alter the kind of the reason. For so might beggers chalenge by custome beyond the purity of almes, the temporallities which they do beg. Neither doth det vtterly exclude the purity of almes before God: for euery man duely geuing almes, doth as he ought to do: as euery man duely receiuing his almes, ought so to receiue it as according to Gods will. And simplie to establish any humainie title, vppon the continuance of any such almes, it is altogether contrary vnto the reason of almes. Therefore they do continually obserue, and kepe the reason of purity of almes, which they had from the beginning, when as the bond conditioned, doth not destroy the purity thereof. Wherefore there is no cause why it should be denied that tithes are pure almes: except that the proude should be maruelously extolled, contrary to the humility of Christ. For they doe chalenge by the title of their lacke or want so to be pleased for their tithes. For so might the begging Frier, by the continuance of hys daily begging chalenge according vnto the like quantitie or circumstance But it is no argument, that if the curate doe performe his corporall ministrie, that he ought therefore to chalenge tithes by any ciuil title, because that as wel on the behalfe of him, which geueth the tithe, as also in the behalfe of the Curate, euery suche ministry ought frely to be geuen, and not by any ciuill exchange. Forsomuch as it is not required, but that rather the comparison of such exchaunges are repugnant, forsomuch as also no m? frely geueth any almes except he doe looke for the duetie of recompence, by the law of conscience.

Item, all temporall goods bestowed vppon the clergie, by the lay people vnder condition, as the goodes of the church are the almes of them which geue it, it is prooued thus, for so much as all those goods are the goods of the poore, as it appeareth by many sayings of holy men and by the lawes.

But they were not the goods of the pore, after they were mere seculer goodes, but onely by the meane of the woorke of mercie, wherby they were bestowed vpon the pore. Ergo, they were pure almes. The c?sequent dependeth vp? the definiti? of pure almes.

Item, all things changed to the vse and power of an other, either by ciuil exchange or Euangelical is changed. But the church goods are so changed by one of these ministries. But the Euangelical exchange is not to be fained, because it is not done, neyther by bying or selling, or any other ciuill exchange. Therefore there doth not remaine, but only a pure gift, for hope of a heauenly reward; the which is mercy, and so pure almes. And it semeth to followe consequently that all the Clergie receiuing such almes, are not onely in respect of God, as all other menne: But in respect of